Topic
- Work
Source of law
- Guideline
-
Recipient
- The Norwegian police
- The Norwegian Directorate of Immigration (UDI)
- The foreign service missions
Owner
- The Managed Migration Department
Case number in UDISAK (archive system)
UDI 2010-116 Residence permit for youth exchange (working holiday) for Canadian nationals
1. Introduction
Norway has entered into an agreement with Canada on youth exchanges. Reference is made to "the Memorandum of Understanding between the Government of the Kingdom of Norway and the Government of Canada" (external link), which entered into force on 30 October 2006 (the agreement or the agreement concerning youth exchanges). The purpose of the agreement is to give young nationals of the two countries a greater opportunity to reside in the other country to take higher education, gain work experience or practical training at a workplace, and to improve their knowledge of the other country’s language, culture and society.
Young people from Canada who are covered by the agreement can apply for a permit for a working holiday, cf. section 6-27 of the Immigration Regulations.
2. The relationship between agreement concerning youth exchanges and the Immigration Regulations
The Immigration Act and Immigration Regulations set out rules for when residence permits can be granted. The provision concerning residence permits for working holidays stipulates that young people can be granted a residence permit when they are covered by a working holiday agreement entered into between Norway and another state. This means that many of the conditions for a residence permit will be set out in the agreement with Canada concerning youth exchanges.
This guideline specifies the content of some of these conditions. This particularly concerns what it means that the applicant must have sufficient means of support for the first period (subsistence), and what lies in the term casual work.
The applicant must follow the normal rules for submitting an application, cf. section 5 below.
The agreements are not an obstacle for rejecting an application for a residence permit when the foreign national is deemed to be undesirable pursuant to national legislation, cf. section 3 litra a number (i) of the agreement (external link). A foreign national who otherwise satisfies the conditions for being granted a residence permit can therefore be denied a permit if circumstances exist that constitute grounds for refusing the foreign national entry into or residence in the realm pursuant to Section 59 first paragraph of the Immigration Act.
Otherwise, the immigration authorities shall in accordance with the intention of the working holiday agreements grant a working holiday permit when the conditions in the agreements are met.
3. Conditions for a permit
The agreement stipulates various conditions relating to the foreign national and the purpose of his or her stay in Norway.
3.1. Requirements relating to the applicant
To be granted a residence permit for a working holiday in Norway, it is a condition that the foreign national is a Canadian national resident in Canada. If the foreign national at the time of the application provides an address abroad, he or she must document that he or she is registered as a resident in Canada.
In accordance with the agreement, the foreign national must have reached the age of 18 and not be older than 35 (i.e. not reached the age of 36) when the application is submitted.
3.2. The purpose of the stay
The agreement sets out five alternative categories relating to the purpose of the stay in Norway. To be granted a residence permit, it is a condition that the applicant falls under one of these categories.
The applicant may be allowed to benefit from the application of agreement concerning youth exchanges twice under two different categories referred to below. Each stay may not exceed 12 months. The stays will be discontinuous and the duration of each stay will not exceed the period of the given permit.
3.2.1. Work experience
Persons with higher education who wish to obtain further training through an employment relationship and improve their knowledge of the country’s language, society and culture can be granted a residence permit pursuant to the agreement. By higher education is meant education at university or university college level.
3.2.2. Studies
Students who wish to take part of their studies at a university or university college in Norway can be granted a residence permit pursuant to the agreement. The student exchange must take place within the framework of an agreement between the universities or university colleges relating to education and practical training.
3.2.3. Internship
Persons who are to complete an internship in an enterprise in Norway as part of their education or training can be granted a residence permit pursuant to the agreement. By internship is meant both paid and unpaid employment.
3.2.4. Holiday work
Students who wish to work in Norway during the university or university college holiday in their country of origin can be granted a residence permit pursuant to the agreement.
3.2.5. Tourist
A residence permit can also be granted when the primary purpose of the stay in Norway is to be a tourist. The stay is not deemed to be a holiday if the applicant’s employment relationship is of a greater scope than odd jobs or casual work, even if a permit pursuant to section 6-27 of the Immigration Regulations grants a general right to take employment. In accordance with established administrative practice, casual work means casual employment relationships of up to six months’ duration with each employer. Income from such work is intended to supplement the financing of the stay in the country.
The limitation that applies to the duration of the employment relationships only applies to stays as a tourist, and not for young people as described in sections 3.2.1. – 3.2.4.
3.3. Pay and working conditions
Residence permits pursuant to section 6-27 of the Immigration Regulations are not subject to the pay and working conditions requirements that follow from section 23 of the Act.
3.4. Subsistence, return ticket and insurance
The foreign national covered by the agreement must be able to document assured subsistence for the first period of their stay as well as sufficient means to purchase a return ticket. This means that the applicant must document means of support for the first three months in the form of bank deposits and/or documentation of a concrete offer of work for the first period of the stay in Norway. If the stay in Norway is to be financed through a loan, the applicant must submit a confirmation from the bank that the loan has been granted.
In exceptional cases, a third-party guarantee can be accepted as documentation of subsistence, cf. section 10-7 of the Immigration Regulations.
The subsistence requirement is deemed to be met if the foreign national can document means of support corresponding to the basic grant (student loan) for higher education in the Norwegian State Educational Loan Fund (Lånekassen), see appendix.
The foreign national must have an insurance policy that, among other things, covers expenses in the event of hospital admission and repatriation. The insurance must be valid for the whole period of residence in Norway. It is not a requirement that the applicant presents documentation of having taken out an insurance policy before an application for a residence permit can be granted. It is a condition that the applicant has taken out the required medical insurance and full hospital insurance policies before entry and that these policies are valid during the applicant’s period of residence in Norway. However, consent to take out this insurance policy must be provided in connection with the submission of the application for a residence permit.
4. The content and duration of the permit
4.1. Content
Residence permits are issued pursuant to section 6-27 of the Immigration Regulations.
The residence permit confers a general right to take up employment.
If the purpose of the stay is being a tourist, an employment relationship with one employer may not last for more than six months.
The permit does not form the basis for a permanent residence permit, cf. Section 6-27 second paragraph of the Immigration Regulations.
The permit does not form the basis for family immigration, cf. section 9-6 of the Immigration Regulations. The reason for this is that the requirements relating to pay and working conditions that apply to young people on a working holiday do not cover bringing family members to Norway.
4.2. Duration
A first-time residence permit is granted for one year, but not, however, for longer than the period applied for, cf. section 10-16 of the Immigration Regulations.
A permit that is granted for a period of one year, cannot be renewed.
The applicant may, however, be granted a new first time residence permit pursuant to the provision on working holiday as mentioned in section 3.2.
5. The application procedure
5.1. Place of application
A first-time residence permit shall be granted prior to entry into Norway, cf. section 56 first paragraph of the Immigration Act. Exceptions from this rule are foreign nationals who are qualified skilled workers, cf. Section 10-1 first paragraph letter (a) of the Immigration Regulations. It is a condition that the applicant has legal residence in Norway at the time the application is submitted, cf. third paragraph of the provision.
If the above-mentioned conditions for submitting an application from Norway are not met, the application must be submitted at a Norwegian foreign service mission in Canada, cf. section 10-2 third paragraph of the Immigration Regulations.
5.2. Documentation requirements
The body that receives the application must ensure that the applicant has filled in the relevant document list and submitted all documents in accordance with the list. The applicant shall be given a stamped copy of the document list as a receipt for submission of the documents.
The document lists are available on the UDI website:
- Working holiday for young people from Canada (external link) - You must submit these documents when you apply for a residence permit
Original official documents (certificates of education, certificates of service etc.) must be presented to the foreign service mission/police, but they shall not be enclosed with the application. Only copies, certified by the foreign service mission/police, must be enclosed with the application. It is important that it is clearly stated that the foreign service mission/police have seen the original document. A translation of the documents into Norwegian or English by an authorised translator must also be enclosed with the application.
5.3. Fees
A processing fee must be paid in connection with submitting an application for a residence permit in order to have the application considered, cf. section 17-10 of the Immigration Regulations.
6. Power of decision
Administrative decisions concerning first-time residence permits are made by the Directorate of Immigration (UDI), cf. section 65 of the Immigration Act.
7. Renewal
7.1. Conditions for renewal
Residence permits for working holiday can be renewed, cf. section 10-21 first paragraph, on condition that the conditions set out in section 6-27 are still met. According to the agreement each stay may not exceed 12 months. Therefore, permits for working holiday may only be renewed if the previous permit has been granted for a shorter period than one year.
7.2. Application procedure
An application for renewal must be submitted on the prescribed form. The form is available on the UDI’s website (external link), from the police and at foreign service missions.
The application shall be submitted to the police in the district where the applicant has his or her permanent place of residence, cf. section 10-27 of the Immigration Regulations.
7.3. Power of decision relating to renewal
As a rule, applications for renewal of a residence permit for working holiday are decided by the UDI, cf. section 65 of the Immigration Act.
However, the police has the authority to grant applications for renewal of a residence permit if there is no doubt that the conditions are met, cf. section 13-2 of the Immigration Regulations and section 3 of UDI 2010-089 Politiets vedtaksmyndighet og mulighet til å avvise søknader (Norwegian only).
8. Appeal
Rejection of an application for a residence permit pursuant to section 6-27 of the Immigration Regulations can be appealed pursuant to the provisions of the Public Administration Act (external link) Chapter 6. The appeal shall be submitted to the body (Norwegian foreign service mission or the police) that informed the applicant about the decision.
9. Revocation of permits
A residence permit can be revoked if the foreign national has deliberately provided incorrect information or omitted to provide information about matters of material importance to the decision, or if it otherwise follows from general provisions of administrative law, cf. section 63 of the Immigration Act.
Topic
- Work
Recipient
- The Norwegian police
- The Norwegian Directorate of Immigration (UDI)
- The foreign service missions
Owner
- The Managed Migration Department
Source of law
- Guideline