UDI 2010-023 Short stays to visit children in Norway

1. Introduction

Parents who wish to visit children who are resident in Norway can either submit an application pursuant to the Immigration Act section 10 or an application for a short stay of up to nine months pursuant to the Immigration Act section 47.

The purpose of this guideline is to ensure that this group of applicants receives the necessary information about the conditions for being granted a permit for a short stay pursuant to the Immigration Act section 47, the contents of such a permit and guidelines about how applications for permits should be submitted. This guideline also provides an overview of the case processing procedures to be followed.

2. Conditions for permits for short stays pursuant to the Immigration Act section 47

Parents who have children who are resident in Norway can be granted a permit for a short stay pursuant to the Immigration Act section 47. The sponsor, i.e. the child who lives in Norway, must be either a Norwegian or Nordic national, have a permanent residence permit or a permit that forms the basis for such a permit, cf. the Immigration Act section 40 first paragraph letters a) to c).

It is a condition that the sponsor meets the requirements in the Immigration Act section 58, cf. the Immigration Regulations sections 10-7 to 10-12. This means that the sponsor must have sufficient income to provide for the applicant and have suitable accommodation at his or her disposal where the applicant can stay during the stay in Norway.  

It is a condition for being granted a permit for a short stay that the applicant leaves Norway on expiry of the permit. The aim of ensuring controlled immigration will also be taken into consideration when assessing whether to grant a permit.

3. The content of the permit

An overview of the rights conferred by a permit for a short stay, and the restrictions that apply to the permit, follows below.

• The permit entitles the holder to repeated entry into Norway during the period for which the permit is valid.
• The permit can be granted for up to nine months.
• The permit does not entitle its holder to work.
• The permit does not form the basis for a permanent residence permit.
• The permit cannot be extended; this also applies to permits granted for periods shorter than nine months.
• The permit is not renewable.
• The permit does not entitle its holder to submit an application from Norway on new grounds.
• After having had a permit for a short visit, the applicant must remain outside Norway for one year before he or she can be granted a new permit of this type. If, for example, he or she visits Norway on a visa, the time in Norway will be added to the time he or she must stay outside Norway. The stay outside Norway must be one year in total. It is not necessary to be outside Norway for a continuous period of one year.
• Parents who have had a residence permit pursuant to the Immigration Act section 47 must stay outside Norway and the other Schengen states for at least three months before they can enter the Schengen area without having a work or residence permit, cf. the Immigration Act section 55. They can then stay in the Schengen area for up to three months.

4. Case preparations

The foreign service missions shall inform this group of applicants about the two alternative possibilities, a visa or a short stay, when the purpose is to stay in Norway to visit children.

Applicants who require a visa and who only wish to visit for up to three months shall apply for an ordinary visa pursuant to the Immigration Act section 10.

Applicants who wish a permit for parental visits for up to nine months pursuant to the Immigration Act section 47 shall complete the application form for a first-time residence permit.

Parents who wish to apply on the basis of the Immigration Act section 47 can apply for such a permit after entering Norway, or enter the country before a permit is issued, cf. the Immigration Regulations section 10-1 first paragraph letter j). Applicants who require a visa must have been issued a visa before entering Norway.