UDI 2010-046 Entry visa for skilled workers with offer of employment in Norway

1. Introduction

In this guideline, the Norwegian Directorate of Immigration (UDI) provides guidelines for the issuing of entry visas (D visas) to skilled workers who have received a concrete offer of employment from an employer in Norway. The purpose of this scheme is to allow skilled workers with a concrete offer of employment to travel to Norway to apply for a residence permit when it is probable that an application for a residence permit as a skilled worker will be granted pursuant to the Immigration Regulations section 6-1 first paragraph, see UDI 2014-018 Residence permits for skilled workers.

2. Submission of an application for an entry visa (D visa)

The foreign national must submit an application for an entry visa with the same enclosures as are required for an ordinary application for a residence permit as a skilled worker.

The foreign service mission does not charge a fee for an application for an entry visa (D visa), cf. the Immigration Regulations section 17-12 second paragraph. If the applicant also submits an application for a residence permit, a fee will be charged for this, cf. the Immigration Regulations section 17-10.

A visa pursuant to the guidelines set out in this document can be granted irrespective of whether the applicant at the same time submits an application for a residence permit, has already submitted such application or intends to apply for a residence permit after entering Norway.

3. Conditions and documentation requirements for the entry visa

The conditions are related to the applicant having the approved qualifications required to practise an occupation (3.1 below), to the job offer (3.2 below) and to other general conditions (3.3 below). It is also a condition that no doubt exists in relation to the case (4 below).

3.1. The applicant’s qualifications

The documents must be translated into Norwegian or English.

3.1.1. Vocational education or special qualifications

The foreign national must have a vocational education that at least corresponds to vocational education at Norwegian upper secondary school level, have a craft certificate or have completed a university college or university education. Note that, in most cases, vocational education at upper secondary school level in Norway has a duration of four years.

An entry visa will not be issued pursuant to this guideline if vocational education at a level higher than upper secondary school is required, cf. the Immigration Regulations section 6-1 second paragraph. This currently applies to religious leaders and teachers.

The foreign service mission may in exceptional circumstances issue an entry visa to foreign nationals who have not completed a vocational education, but who can document 'special qualifications'. In these cases, the applicant must, through courses, training and practical experience, have acquired competence that in its nature and scope is at least on a par with vocational education at Norwegian upper secondary school level. The applicant must document this through references, diplomas, course certificates etc.

3.1.2. Approval or authorisation in certain professions

The applicant must have approval or authorisation from the relevant Norwegian specialist authority for professions for which qualification requirements are set out in statutes or regulations. The most important group here consists of health personnel who need a licence or authorisation from the Norwegian Registration Authority for Health Personnel. For information about other professions with qualification requirements, see UDI 2014-018 about residence permits for skilled workers.

3.2. Employment offer

It is a condition that the applicant has received a concrete offer of employment from an employer in Norway, cf. the Immigration Regulations section 3-13 third paragraph. The offer of employment must satisfy the following conditions:

• The offer of employment must be made on the employment offer form prepared by the UDI, and it must be signed by the employer and the applicant him/herself.
• The offer of employment must concern full-time employment for one employer.
• The applicant’s qualifications must be relevant to the position for which the applicant has received an offer.
• The employer must be able to be an employer in Norway, see UDI 2010-048 (only available in Norwegian) about who can be an employer or a client.

3.3. Other conditions for the entry visa

All of the following conditions must be satisfied in order for a visa to be issued:

• The applicant must have a valid passport or other travel document that permits border crossings.
• The travel document must be valid for three months after the visa’s expiry date.
• The applicant must have valid travel insurance. Exceptions are assessed in the same manner as for Schengen visas.
• The applicant must not be registered in the Schengen Information System (SIS) with a view to denying entry.
• The applicant cannot have been expelled from Norway and had a prohibition on entry imposed on him or her. The foreign service mission can check this in the Norwegian national visa system (NORVIS).
• Grounds must not exist for rejection or expulsion.
• There must not be foreign policy considerations or fundamental national security interests that indicate that a visa or residence permit should not be granted.
• The applicant must not be deemed to be a threat to Norway’s or other Schengen countries’ public order, domestic security, public health or their international relations.

4. Doubts and rejection

A foreign service mission shall reject an application for an entry visa if the conditions in section 3 above are not satisfied. The foreign service mission shall also reject an application for an entry visa if there is doubt as described below.

The foreign service mission shall deem itself to be in doubt if:

• there is reason to doubt the purpose stated for the application or the correctness of other information in the case
• it is necessary to verify the authenticity or contents of one or more of the documents presented
• there are other grounds for believing that a permit will not be granted. This applies, for example, if the pay and working conditions offered are clearly poorer than normal for the place and occupation in question in Norway.

All applications shall be assessed individually. If an application has been submitted from a country where experience indicates that there may be doubt about identity and other documentation, the foreign service mission shall nonetheless carry out a concrete assessment of the case, including considering whether a decision can be made on the basis of the information provided.

In the event of a rejection, the foreign service mission shall inform the applicant about the possibility of submitting an application for a residence permit through the Norwegian foreign service mission and the employer’s right to submit such an application from Norway with written authorisation.

5. 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.

6. 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.

7. Appealing the rejection of an application for an entry visa

The applicant can appeal a rejection by a foreign service mission. If the decision is appealed, the foreign service mission shall consider whether to reverse its decision on the basis of the information presented in the appeal. If the foreign service mission does not reverse its decision, the appeal shall be forwarded to the UDI for further consideration.

The foreign service mission shall urge the applicant to submit a full application for a residence permit for work purposes before the appeal is forwarded to the UDI.

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

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

• The applicant is obliged to report to the police within one week of entry in order to apply for a residence permit, or to report his/her 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 handed in to the police if such application has not been submitted from abroad.
• The applicant’s travel expenses for the journey to Norway will not be covered.
• The applicant must report any change of address prior to the permit being granted to the police.
• The visa alone does not entitle its holder to work. The applicant is not entitled to work without a residence permit that entitles him/her to work.
• After the seven day-period the applicant is not entitled to travel to other Schengen states until a residence permit is granted and the applicant has received his or her residence card.
• The applicant is not entitled to tuition in the Norwegian language or to any benefits until a residence permit has been granted.
• The granting of an entry visa is no guarantee that an application for a residence permit will be granted by the UDI.