UDI 2010-049 Residence permit to receive medical treatment

1. Introduction

In this guideline, the Directorate of Immigration (UDI) provides guidelines for granting foreign nationals residence permits for up to one year to receive medical treatment in Norway.

The provision is a 'can' provision, and Section 6-28 of the Immigration Regulations stipulates both objective and subjective conditions for granting a permit of this kind, see section 3 below.

In addition to the foreign national (main applicant), a residence permit can also be granted to a necessary companion, see section 4 below.

The purpose of the provision is limited so that it only applies to cases where there is a concrete need of treatment. In other words, it must have been clarified what type of treatment the applicant shall receive in Norway while the applicant is still in his or her country of origin. It is not the intention that such a permit can be granted for applications concerning medical examinations or similar. The treatment must mainly be given at a hospital or outpatient clinic during the whole period, or it can start at an outpatient clinic/hospital and then be completed elsewhere.

2. Submitting an application for medical treatment

As a rule, the application must 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 past six months, cf. Section 10-2 third paragraph of the Immigration Regulations. The applicant may be required to appear in person, cf. Section 10-6 second paragraph of the Immigration Regulations.

The main rule is that a residence permit must have been granted before the foreign national can enter Norway, cf. Section 10-1 of the Immigration Regulations. This means that applications shall, as a rule, be submitted from the applicant’s country of origin.

3. Conditions for a residence permit

3.1. Written offer from the treatment institution

A written offer from the treatment institution must be enclosed with the application, stating the duration of the treatment and what kind of treatment the applicant will receive in Norway, as well as any necessary medical follow-up.

It must be deemed probable that the duration of treatment will not exceed one year. The price agreed on for the treatment must also be stated in the offer. The treatment institution can be contacted if there is doubt as to whether the agreed price covers the actual cost, or if there is doubt about whether the person who has made the offer on behalf of the institution is authorised to do so.

The offer must also confirm that the treatment will not be to the detriment of patients resident in Norway.

3.2. Funding

It is a requirement that the treatment will be financed by private funds or by public funds provided by the foreign national’s country of origin. Private financing must be documented by a deposit, bank guarantee or insurance policy, and public funds must be documented through confirmation from the authorities in the country of origin. It is a condition that it is documented at the time of the decision that there is sufficient funding to cover the cost of the treatment.

Documentation of an agreement with the treatment institution regarding how the treatment is to be financed must be enclosed with the application. The treatment institution's finance department should be contacted in each individual case.

3.3. Subsistence and accommodation

Subsistence and, if applicable, accommodation, must as a rule be in order for the period the permit concerns.

3.4. Return conditions

It must be considered on a case-to-case basis whether the conditions for the applicant's return are met.

Since the main intention of the stay is to meet a concrete need for treatment, it is a condition for granting the permit that the foreign national leaves Norway at the end of the residence period.

4. Companions

Some applicants will require a companion both on the journey to Norway and during the stay. To grant a permit to a companion, a companion must be deemed necessary by the treatment institution.

Subsistence and accommodation must also be in order for the companion for the entire duration of the permit. Conditions for return must also be met for the companion.

5. Duration of the permit

A residence permit with a total duration of one year may be granted.

The same applies to an accompanying person. The companion may not be granted a permit for longer than the duration of the main applicant’s permit. If the companion is not necessary for the whole treatment period, a permit may be granted for a shorter period.

If the permit is granted for a period of less than one year and a documented need for further treatment arises, the permit can, on application, be extended within the limits of the one-year period.

6. Other conditions

• The applicant must document his or her identity by presenting a valid passport or other approved travel document, cf. Section 17-7 of the Immigration Regulations.
• Grounds must not exist for refusing the applicant entry into Norway pursuant to Section 59 of the Immigration Act.
• The applicant must not be registered in the Schengen Information System (SIS).
• The applicant cannot have been expelled from Norway and had a prohibition on entry imposed on him or her.

7. Limitations of the permit

• The permit does not form the basis for a permanent residence permit.
• The permit does not form the basis for membership of the Norwegian National Insurance scheme.
• The permit does not form the basis for family reunification.
• The permit is not renewable.