Topic

  • Family immigration

Source of law

  • Guideline
  • Case number in UDISAK (archive system)

UDI 2010-118 Subsistence requirement in family immigration applications

An overview of the most important provisions relating to the subsistence requirement in family immigration applications. The guidelines provide an overview of the Immigration Act Section 58 and the Immigration Regulations Sections 10-8, 10-9, 10-10 and 10-11.

1. Introduction

These guidelines provide an overview of the most important provisions relating to the subsistence requirement in family immigration cases, and how they should be applied in practice. The requirement for subsistence in family immigration cases is regulated in the Immigration Act Section 58 and the Immigration Regulations Sections 10-8, 10-9, 10-10 and 10-11.

The guidelines complement the provisions of the Regulations and applicable instructions.

The guidelines apply to both first-time applications and applications for renewal where the subsistence requirement applies.

The guidelines do not apply to applications pursuant to the EEA regulations or to other applications pursuant to the Immigration Act, for example applications pursuant to the Immigration Act Section 38. For applications pursuant to the Immigration Act Section 38, the subsistence requirement must be assessed pursuant to the Immigration Regulations Section 10-7.

In this circular, the term ‘reference person’ is used to refer to the person with whom the applicant wishes to be reunited or establish family life in Norway, cf. the definition provided in the Immigration Act Section 39.

The UDI has prepared checklists for each individual country that show what documents must be submitted together with the application for family immigration. The checklists are available at udi.no (external link).

2. What the subsistence requirement consists of

The subsistence requirement is intended to ensure that the person applying for family immigration is adequately provided for. As a rule, it is the reference person who must been the requirement.

The subsistence requirement is three-fold and sets out requirements for:

  • the reference person’s future income, cf. the Immigration Regulations Section 10-8

  • the reference person’s previous income, cf. the Immigration Regulations Section 10-9

  • that the reference person has not received financial support under the Social Services Act in the last 12 months before a permit is granted, cf. the Immigration Regulations Section 10-10.

Exemptions can be made from the provisions in Section 10-8 to Section 10-10 if warranted by particularly strong human considerations or other reasonable considerations; see section 8 below.

The case officer must check whether the subsistence requirement has been met. If one part of the subsistence requirement is not met, the case officer does not need to establish whether the other parts are met. The case officer must then reject the application, for example because the reference person does not meet the requirement for previous income, and specify in the decision that we have not decided on the other parts of the subsistence requirement.

In cases where the requirements for previous and future income are met, but where documentation is lacking to confirm that the reference person has not received financial support under the Social Services Act in the last 12 months, the case officer must either

  • grant the application without such documentation if the reference person has an annual income of more than NOK 300,000, and thus could meet the requirement with a self-declaration, or

  • obtain confirmation that the reference person has not received financial support under the Social Services Act in the last 12 months.

3. The size of the subsistence requirement

The requirement for future income is set to at least 2.7 times the National Insurance basic amount, cf. the Immigration Regulations Section 10-8. It is gross income that forms the basis for calculating the requirement. The rate is usually adjusted every year in connection with the wage settlement for state employees. See the Regulations relating to the basic amount, regulation factors, the rates for minimum pension and guarantee pension in the National Insurance scheme from 1 May 2022 and the effective date for regulation of the minimum income requirement for entitlement to benefits pursuant to the National Insurance Act Chapters 4, 8, 9 and 14 (in Norwegian only) (external link) and Appendix 1 to these guidelines, UDI 2010-118V1 Subsistence requirement rates in family immigration cases, for applicable rates.

For the assessment of previous income, the amount must equal at least 2.7 times the National Insurance basic amount at the applicable rate in the relevant tax assessment year, cf. the provisions on entry into force. It is the taxable gross income as it appears in information from the tax authorities that forms the basis for calculating the requirement. This means that the requirement for previous income can differ from the requirement for future income, because the rates are normally adjusted every year.

3.1 Requirement for subsistence for more than one person

If several persons over the age of 18 apply for family immigration with the same reference person, the subsistence requirement is at least 2.7 times the National Insurance basic amount plus an additional amount for each extra applicant.

For applicants who are children, the additional amount only applies if the reference person will not be able to receive child benefit for the applicant.

The additional amount for family members corresponds to the child benefit rates for one child in accordance with the Child Benefit Act. The amount is specified in Appendix 1 to this circular. This additional amount will also apply in cases where family members apply and are granted residence permits at different times, as long as there are still more family members in the household.

4. Requirement for future income

4.1 General information about future income

The requirement for future income is regulated by the Immigration Regulations Section 10-8. When determining whether the requirement for future income is met, the immigration authorities can only emphasise the sources of income mentioned in the Immigration Regulations Section 10-8 first paragraph (a)–(d). The subsistence requirement can be met through a combination of the sources of income mentioned in (a)–(d).

The income must be assured for the first year of the permit, unless the reference person holds a residence permit where a subsistence requirement applies in connection with renewal, cf. the Immigration Regulations Section 10-20 third paragraph.

The case officer must, in each individual case, consider the duration of the reference person’s ability to support the applicant. If the case officer is uncertain whether the income will be sufficiently stable in the future, but where there is no reason to reject the application on grounds of future income, the permit may be granted for a period of one year even if the parties have joint children.

The UDI has electronic access via eSamhandling to information about employment conditions, income from tax settlements and reported income; see the Immigration Act Section 84, cf. the Immigration Regulations Sections 17-7d to 17-7j.

4.2 Who can meet the requirement for future income?

As a rule, it is the reference person who must meet the requirement for future income. In certain cases, the requirement for future income may also be covered by someone other than the reference person, cf. the Immigration Regulations Section 10-8 third paragraph.

4.2.1 The applicant’s income, when the applicant is lawfully employed in Norway

The applicant’s income shall be included in the calculation if the applicant is legally employed in Norway, cf. the Immigration Regulations Section 10-8 third paragraph (a). When assessing the applicant’s income, the case offer must only give emphasis to income as mentioned in the Immigration Regulations Section 10-8 first paragraph (a) to (d), or a combination of these.

See section 4.3 for documentation requirements.

4.2.2 The applicant’s income, when the reference person is taking education

The case officer must include the applicant’s own income in the calculation in accordance with the first paragraph, cf. the Immigration Regulations Section 10-8 third paragraph (b), if the reference person is taking higher education (university college or university) or tertiary vocational education,

  • both parties have reached the age of 23, and

  • the reference person has earned at least 60 credits and is still a student. If the reference person is taking tertiary vocational education, he/she must have completed at least one year of the nominal length of study.

The condition concerning at least 60 credits may be waived if the requirement has not been met in the past year, but the reference person has nonetheless earned an average of 60 credits in the last few years. For example if the reference person has taken 30 credits in the past year, but 90 credits the year before.

In this context, tertiary vocational education means a **study programme at a higher level than upper secondary school that is accredited by the Norwegian Agency for Quality Assurance in Education (NOKUT) (external link to nokut.no

This means that the subsistence requirement can be assured through a combination of the applicant’s and the reference person’s income, if they have sufficient funds combined.

See section 4.3 for documentation requirements.

4.2.3 Financial guarantee from a person other than the reference person (third-party guarantee)

In family immigration cases, the subsistence requirement can only be met by someone other than the reference person (known as third party guarantee) in exceptional cases, cf. the Immigration Regulations Section 10-8 third paragraph (c). However, such exemption cannot be granted in connection with applications for a residence permit for a spouse or cohabitant or for the purpose of entering into marriage in Norway, pursuant to the Immigration Act Sections 40, 41 or 48.

The reference person’s spouse or cohabitant can assure subsistence for:

Following a concrete assessment, other persons who are part of the reference person’s household may also furnish a financial guarantee in cases as mentioned above. For example, future income can be assured through a financial guarantee from the reference person’s siblings in connection with an application from a single elderly parent (cf. the Immigration Act Section 46) or parents who apply for a residence permit for the purpose of visiting children in Norway (cf. the Immigration Act Section 47).

It is not possible to meet the subsistence requirement through a combination of the reference person’s income and a third-party guarantee (meaning income from a person other than the reference person).

Requirements of the person furnishing a financial guarantee

The person furnishing a financial guarantee (third-party guarantee) must present a written declaration confirming that he/she undertakes to guarantee the applicant’s subsistence; see Appendix 2.

In principle, the person furnishing a financial guarantee is not required to document previous income, cf. the Immigration Regulations Sections 10-9 and 10-10. If there is doubt about whether the income will be permanent or of a sufficient scope, the case officer may nonetheless demand that the guarantor documents income over time. In order to substantiate future income as described in section 4.1, the case officer may therefore demand documentation of income from the person furnishing the financial guarantee. Unless previous income has been documented in accordance with the Immigration Regulations Section 10-9 first paragraph, the case officer will carry out a concrete individual assessment of whether the person’s earning capacity is certain enough.

It is only the sources of income mentioned in the Immigration Regulations Section 10-8 first paragraph (a)–(e) that can form the basis for a financial guarantee from a third party. For a third-party guarantor who receives retirement pension or disability benefit, the provision in the Immigration Regulations Section 10-8 second paragraph will not apply. This means that the income of the person furnishing a third-party guarantee must as a minimum correspond to at least 2.7 times the National Insurance basic amount as described in section 3. This also applies to those who receive retirement pension or disability benefit.

A third-party guarantor must present an employment contract or corresponding documentation showing the pay level and the duration and scope of the employment relationship. The case officer can obtain information from the tax authorities via eSamhandling from the third-party guarantor, cf.  the Immigration Regulations Section 17-7g second paragraph.

4.3 What types of means are deemed to be future income?

Below is an overview of what types of means are deemed to be future income within the meaning of the Immigration Regulations Section 10-8 first paragraph (a)–(d), and how these means must be documented.

4.3.1 Income from employment

Future income can be assured through income from employment. The applicant must present an employment contract or corresponding documentation showing the pay level and the duration and scope of the employment relationship. The immigration authorities will obtain any other information about income in previous months, tax settlements, benefits from the Norwegian Labour and Welfare Administration (NAV) or financial support from the Norwegian State Educational Loan Fund (Lånekassen) via eSamhandling. Therefore, neither the applicant nor the reference person need to present this documentation.

In cases where we have already considered the reference person’s income from employment in his or her own application for a residence permit, this income may be used as the basis for the application from the family members.

In cases where the applicant’s income shall be included, cf. the Immigration Regulations Section 10-8 third paragraph (a) and (b), the income must be documented in the same way as the reference person’s income. An offer of employment must show the start date, the scope and duration of the work and the pay level. The case officer may ask for a statement from the employer on the employment offer.

The UDI does not require the employment relationship to be permanent. If the employment relationship is of a shorter duration than the period applied for, the case officer must consider the probability of the employment relationship being extended.

Temporary employment relationships etc.

In the event of temporary employment relationships or positions that do not last for the duration of the period applied for, or when there are indications that the employment relationship may cease, the case officer can ask for a statement from the employer about the probability of the employment relationship being extended, and the assumed duration of the extension.

If the income is assured through on-call work or short-term temporary positions through a temporary staff recruitment agency, uncertainty may be attached to the future income. Also in such cases, the case officer may ask for a statement from the employer concerning the probability that the same income will be maintained in the time ahead. We can take into account whether the person in question has had income over time that meets the minimum requirement through the same type of employment relationships and/or whether the work is in a sector where we know that the use of on-call work and temporary positions is common. Based on this information, we make an assessment of whether the income is likely to remain at the same level for the whole period the application concerns.

It is not necessary for the income to be retained for the entire period, as long as the income requirement is met in less time than this. This may be relevant if the employment contract expires within the next 12 months, but the income is nonetheless high enough to meet the requirement. This can typically apply to seasonal work.

Employment income from abroad

In cases where the reference person lives in Norway, but receives employment income from abroad, this income may be included in the calculation. The reference person must then present the employment contract and the last three pay slips. If the reference person is self-employed with an enterprise registered abroad, the income from this enterprise must be documented (see how in the next section). We require the income to have been reported to the Norwegian Tax Administration, and that this is documented through the latest tax settlement or tax return, unless the employment relationship is so new that this is not applicable.

The case officer must also consider the likelihood of the reference person living in Norway, especially in cases where the employment relationship abroad is new and the reference person is still resident abroad at the time of the application.

Sole proprietorships (self-employed persons)

If documentation has been submitted that the reference person is self-employed with a sole proprietorship, the enterprise’s profit (that is, income minus expenses) constitutes the reference person’s income from self-employment. This will be shown as income from self-employment in the person’s tax settlement. The case officer must assess the likelihood that the requirement for future income will be met on the basis of

  • the certificate of registration (the case officer should also look up the organisation number in the Brønnøysund Register Centre to check that the enterprise is still active at the time of the decision),

  • the latest tax settlement (obtained via eSamhandling),

  • the latest tax return with the necessary attachments (income statement etc.)

  • accounts for the period after the previous tax year with information about income and expenses where the profit appears and

  • a statement from an authorised accountant (if the reference person has one) on what the profit has been for the period after the last financial year (may be required from companies subject to an accounting obligation).

For self-employed persons who have been active for a few years and had a profit exceeding the minimum requirement for several years (cf. information about previous tax settlements from the Norwegian Tax Administration), this will normally be sufficient to substantiate that the income has been at the same level after the latest tax settlement and will be in the future. If we see from previous tax settlements that the profit has exceeded the minimum requirement over time, it is not always necessary to obtain last year’s income statement or statement from an accountant.

In the case of newly established companies, however, it is more difficult to determine whether future income has been substantiated. In these cases, it is important that the applicant provides the latest income statement, if available, and accounts where the profit (after income and expenses) appears. It is also possible to request other documentation of the enterprise’s activities that can help substantiate that the enterprise will have income in the future, such as documentation of assignments or payment of VAT to the Norwegian Tax Administration.

If the reference person runs a sole proprietorship that engages in share trading and the share trading is part of the business activity, this income may also be included.

Other forms of organisation

If the reference person is employed in his/her own company and takes out a salary (often in limited liability companies), this income must be reported to the tax authorities as salary via A-melding (the A report). The caseworker must obtain this from the A report, and the applicant then only needs to present the reference person’s employment contract as documentation of income.

Doubt about the authenticity of the employment relationship

The case officer must always check that the employment relationship is registered in the Register of Employers and Employees (the AA register) and that the income has been reported to the tax authorities via A-reports. Even if the formalities in the AA register and the A-report are in order, there are several signs that can lead to doubt about whether the income is real. What these are will vary from case to case.

Below is a non-exhaustive list of possible signs that the employment relationship is fictitious:

  • The reference person has had a weak connection to the labour market before the marriage was entered into and has often received benefits from NAV for a long time prior to the application for family immigration

  • The employment relationship started at the same time the marriage was entered into

  • The reference person works for close family or friends

  • There is a mismatch between the employment contract and salary payments

  • The salary can be high in relation to the work to be carried out

  • The reference person has received a salary even if he/she has stayed abroad for a long time (e.g. in connection with entering into the marriage)

  • Large cash withdrawals/transfers immediately after the salary has been deposited in the account

If there is doubt about whether the income is real, the case officer may request:

  • bank statements showing payment of wages from the employer over time. In that connection, the case officer must explain that all information on the bank statement other than entries showing the receipt of income can be blanked out.

  • documentation that the employer has deducted tax withholdings.

  • that the police call in the reference person and/or the employer for an interview, or in other ways look into the employment relationship. It may also be relevant to ask to see documentation of the employer’s financial situation.

The police may also, on their own initiative, call people in for interviews or carry out inspections of the workplace to check whether the employment relationship is genuine.

4.3.2 Benefits under the National Insurance Act, pensions and other fixed periodic benefits

Future income can be assured through benefits under the National Insurance Act as mentioned in the Immigration Regulations Section 10-8 first paragraph (b), and through pensions and other fixed periodic benefits; see the Immigration Regulations Section 10-8 first paragraph(c).

The benefits mentioned in Section 10-8 first paragraph (b) are:

  • sickness benefit

  • pregnancy benefit

  • parental benefit

  • disability benefit or retirement pension under the National Insurance Act

Other benefits under the National Insurance Act than those mentioned above cannot be reckoned as future income.

Examples of benefits deemed to be sources of income pursuant to (c) include:

  • interest income and regular income from insurance settlements

  • early-retirement pension (AFP) / private pension schemes

  • payments from life insurance schemes

  • rental income

In order for a benefit to be reckoned as future income, it is normally a requirement that the benefit is of a permanent nature. The case officer must therefore consider both the size and the duration of the benefit.

If the income consists of benefits under the National Insurance Act as mentioned in the Immigration Regulations Section 10-8 first paragraph (b), this must be documented in the form of a certificate or a decision from the relevant authority showing the duration and scope of the benefit.

Income from pensions and other fixed periodic benefits must be documented correspondingly.

If the income consists of rental income, this must be documented in the form of lease(s) and account transfers. Rental income liable to tax must be documented in the form of tax settlements that show that the rental income has been reported to the tax authorities. When the reference person rents out part of his/her own home and uses at least half of the home him/herself (based on the home’s rental value), the income is not taxable; see Tax when you rent out houses and properties – Norwegian Tax Administration (external link).

If the rental relationship was recently established, it can be documented in the form of a deposit account in addition to leases and account transfers.

Income from abroad as mentioned in the Immigration Regulations Section 10-8 first paragraph (c) can also be included in future income. In principle, we require such income to be reported to the Norwegian Tax Administration and documented through tax settlement/tax returns, in addition to other documentation requirements.

Examples of benefits that are not deemed to be sources of income:

  • work assessment allowance

  • unemployment benefit

  • housing allowance

  • child benefit, child maintenance, cash-for-care benefit, transitional benefit

  • benefits under the Social Services Act

  • share dividend/share trading as a private individual (share dividend as income from self-employment is accepted: see section 4.3.1)

  • introduction benefit (for applications submitted after 1 October 2021)

4.3.3 Student loans or grants

Student loans or grants from the Norwegian State Educational Loan Fund (Lånekassen) can be regarded (included) as future income. Such funds must be documented in the form of a decision letter from Lånekassen. The case officer can also view payments from the Lånekassen in eSamhandling.

4.3.4 Retirement pension and disability benefit

Pursuant to the Immigration Regulations Section 10-8 second paragraph, the requirement for future income can be met through:

  • retirement pension that at least corresponds to the full minimum pension under the National Insurance Act Chapter 19, or

  • disability benefit that at least corresponds to the full minimum annual benefit under the National Insurance Act Chapter 12. Different rates apply to single persons, people who live with a spouse/cohabitant and people who live with a spouse/cohabitant and have had their disability benefit converted to a disability pension (see the appendix), or

  • supplementary benefit in addition to disability benefit and retirement pension. This only applies in cases where the reference person holds a residence permit pursuant to the Immigration Act Section 28 (protection) or has permanent residence or Norwegian citizenship with refugee status.

Persons who receive a pension or disability benefit that is lower than the full minimum pension level/annual benefit level must have additional income that in combination with the pension payments corresponds to at least the full minimum pension level, cf. G-05/2016 section 3.2.2. This additional income must be assumed to be correct pursuant to the Immigration Regulations Section 10-8 first paragraph(a)-(e). If this situation applies, an exemption will be made pursuant to Section 10-11 second paragraph. Please note that this exemption only applies to applications submitted pursuant to the Immigration Act Section 40, 41 or 42.

Persons who do not receive retirement pension corresponding to this rate because of a short period of residence in Norway can be granted a supplementary benefit to make up the amount of minimum pension under the Act on Supplementary Benefits. This group will not be covered by the future income exemption under the Immigration Regulations Section 10-8 second paragraph, unless the reference person has refugee status. It is only in cases where the reference person has refugee status that the supplementary benefit can be included.

Any child supplements and other pension supplements that are reserved for children or were granted to cover special needs, and supplements that lapse because a permit is granted to a family member, cannot be reckoned as sources of income.

5. Previous income

5.1 General information about previous income

The requirement for previous income is regulated by the Immigration Regulations Section 10-9. The reference person must meet the requirement for previous income, unless the applicant meets the requirement for future income alone, cf. the Immigration Regulations Section 10-8 third paragraph (a) or (b). In cases where the reference person and the applicant together meet the requirement for future income, the reference person alone must meet the requirement for previous income.

It is also a requirement that the reference person has maintained a satisfactory level of income in the period after the tax settlement or that confirmation from the tax authorities of reported income has been presented, cf. the Immigration Regulations Section 10-9 first paragraph second sentence. The case officer must therefore obtain information about reported income from eSamhandling for the period after the last tax settlement up to the decision date to determine whether a sufficient level of income has been maintained.

When assessing previous income, the case officer must consider taxable income before any deductions from the tax settlement obtained from eSamhandling. Benefits under the Integration Act received after 1 October 2021 will not be reckoned as registered income and must be deducted. The case officer must therefore also obtain detailed income information from the A-report for the preceding year in order to be able to deduct the introduction benefit received.

Student loans and grants can be included in the requirement for previous income, cf. Section 10-11 third paragraph, see G-05/2016 section 4.1.2. This only applies if the reference person is taking higher education (university college or university).

5.2 Time period for assessment of previous income

At the turn of each year, the time period for assessing previous income will in principle change. Through access to updated income information in eSamhandling, we will, after the turn of the year, be able to see what the income was the previous calendar year and in that way be able to assess whether the requirement for previous income is met, even if information about the tax assessment year is not available until several months later.

It is important to be aware that the income that is assumed to constitute previous income may also consist of income that will not be available in eSamhandling, and that the immigration authorities will not have electronic access to information about such income until the tax settlement becomes available.

The case officer must

  • grant the application on the basis of the previous calendar year if the requirement for previous income was met the previous tax assessment year and is also met the previous calendar year

  • reject the application if the requirement for previous income is not met either for the previous tax assessment year or the previous calendar year. In the rejection, the case officer must refer to the previous tax assessment year and comment that the income for the previous calendar year also does not appear to be sufficient.

  • reject the application if the requirement for previous income was met the previous tax assessment year, but is not met for the previous calendar year. In the rejection, the case officer must refer to the previous tax assessment year and comment that the income has not been maintained in the previous calendar year, cf. the Immigration Regulations Section 10-9 first paragraph final sentence.

In the case of reference persons for whom no income is registered in eSamhandling, for example because he/she us self-employed, the UDI will not have electronic access to information about his/her income for the preceding year until the tax settlement becomes available. However, the reference person and the applicant may submit the tax return with the necessary attachments (income statement etc.) in order to have the income for the preceding year assessed before the tax assessment is available. If this is not enclosed with the application, the case officer must ask the reference person or the applicant for the necessary documentation.

5.3 Previous income through work abroad

If the reference person is a Norwegian or Nordic national or holds a permanent residence permit and has previously had paid work abroad, the income from abroad may be included in the calculation of income, cf. the Immigration Regulations Section 10-9 second paragraph.

The applicant must document that the income from paid work abroad corresponds to at least 2.7 times the National Insurance basic amount through

  • an employment contract and/or confirmation from the employer,

  • pay slips and,

  • if relevant, the last tax settlement from the country in which the work was carried out.

The case officer shall not take into account that the pay level may be lower than in Norway. For persons who have received income both abroad and in Norway during the period that forms the basis for the last tax settlement, both the income earned abroad and the income earned in Norway will be taken into account, and the condition for previous income will be deemed to be met if the total income corresponds to the minimum requirement.

5.4 Exemption from the requirement for previous income

The case officer may make an exemption from the requirement for previous income pursuant to the Immigration Regulations Section 10-9 third paragraph (a) to (f) if the reference person

has been a full-time student and taken higher education in Norway or abroad or tertiary vocational education in Norway

Reference persons covered by the exemption provision in the Immigration Regulations Section 10-9 third paragraph are not required to have maintained a satisfactory level of income in the period after the tax settlement, cf. the Immigration Regulations Section 10-9 first paragraph final sentence.

5.4.1 Exemptions for higher education

In order to be covered by the exemption from the requirement for previous income on the basis of higher education in Norway or abroad, the reference person must have

  • Norwegian citizenship, Nordic citizenship or a permanent residence permit in Norway, and

  • earned at least 60 credits or the equivalent, or taken Norwegian tertiary vocational education (see section 4.2.2.) corresponding to one year of the nominal length of study.

The condition concerning at least 60 credits may be waived if the requirement has not been met in the past year, but the reference person has nonetheless earned an average of 60 credits in the last few years. For example if the reference person has taken 30 credits in the past year, but 90 credits the year before.

The applicant must present documentation from the university college or university that shows how many credits or equivalent the reference person has earned, and during what period. A digitally signed PDF from the Diploma Registry is accepted as documentation. If the reference person has taken tertiary vocational education, the applicant must present documentation from the technical college that shows whether the education corresponds to the nominal length of study. If the reference person has been on leave from the place of study, the condition can still be deemed to be met. The applicant must then present the decision granting a leave from the place of study as documentation that the reference person has been on leave.

The requirement for previous income cannot be met through a combination of part-time studies and previous income. This means that the completion of a part-time study programme worth 30 credits will not constitute an exemption for half of the previous income.

In cases where the reference person is a student but has been on leave due to childbirth, this period will be deemed to be equivalent to the earning of credits corresponding to the normal progress.

During what period must the education have been taken?

The higher education/tertiary vocational education must have been taken during the period from 1 January to 31 December the year before the application is considered.

If the reference person has completed a study programme at a university college or university in the year preceding the year the application is being considered, and has earned at least 60 credits in the last academic year, the exemption pursuant to this provision will also apply. The exemption applies regardless of when in the year the applicant completed his/her studies, as long as parts of it were taken in the tax assessment year concerned. The same applies if the reference person has taken tertiary vocational education.

Example:

The application for a family immigration permit is submitted in February 2018 and the reference person completed a nursing degree within the nominal length of study in June 2017. The case officer may grant an exemption from the requirement for previous income as long the application is considered by 31 December 2018. If, due to case processing times, the application is not considered until 2019 and the reference person was not a student in 2018, the exemption will no longer apply and the ordinary requirement for previous income must be met.

The exemption also applies to students who complete 60 credits (one academic year) without this being part of a longer course of study, if the 60 credits were earned in the course of an academic year that ends or is completed in the tax assessment year concerned.

5.4.2 Exemptions for military and civilian service

An exemption shall be granted from the requirement for previous income if the reference person has completed military service or compulsory civilian service, cf. the Immigration Regulations Section 10-9 third paragraph (b).

In order to be covered by this exemption, the reference person must have completed military or civilian service during the period from 1 January to 31 December the year before the application is considered. The exemption also applies in cases where the reference person has completed the military or civilian service in the course of the year concerned, as long as parts of the service were served during the year.

The applicant must present documentation that the reference person has completed the service during the period concerned.

5.4.3 Wealth

An exemption shall be granted from the requirement for previous income if the reference person has had a registered net wealth of more than NOK 1 million in the last two tax settlements. This follows from the Immigration Regulations Section 10-9 third paragraph (c). In order to be covered by this exemption, the reference person must be over the age of 23.

The case officer must check whether the exemption applies by obtaining the reference person’s tax settlement in eSamhandling.

5.4.4 Disability benefit and old-age pension

Reference persons who meet the requirement for future income pursuant to the Immigration Regulations Section 10-8 second paragraph through retirement pension or disability benefit are exempt from the requirement for previous income. This follows from the Immigration Regulations Section 10-9 third paragraph (d).

6. Benefits under the Social Services Act

The subsistence requirement also means that the reference person must not have received financial support under the Social Services Act in the past twelve months before a permit is granted; cf. the Immigration Regulations Section 10-10.

The case officer must check whether this condition is met at the time of the decision. We can obtain this information from NAV under the legal authority of the Immigration Act Section 84 first paragraph (d), cf. the Immigration Regulations Section 17-7g. Please note that we will not receive information about the payment of financial assistance when searching in eSamhandling. This search will only give hits for benefits paid pursuant to the National Insurance Act. The condition must therefore be documented by a self-certification or confirmation from the local NAV office.

Self-declaration

If the reference person has gross income of more than NOK 300,000, the reference person can declare that he/she has not received benefits under the Social Services Act (see Appendix 3 for the self-declaration form).This condition is described in more detail in instructions issued by the Ministry of Justice and Public Security, GI-09/2011 Instructions on verification of the condition in the Immigration Regulations Section 10-10 – the requirement that the reference person must not have received financial assistance or qualification benefit (in Norwegian only).

In cases where it is not possible for the reference person to present such a self-declaration, the reference person must present confirmation from his/her local NAV office that he/she has not received this type of benefit during the period concerned. The confirmation must not be more than three months old at the time of application.

Documentation requirements when the reference person has not resided in the realm before, or has only been resident in Norway for 6 months

In cases where the reference person has not previously resided the realm and is only going to settle here once the family member has been granted residence, no confirmation from NAV or self-declaration is required.

If the reference person has resided in Norway for less than six months at the time when we consider the application for family immigration, it is sufficient to present a self-declaration confirming that he/she has not received social security benefits.

Exemptions

The case officer must make an exemption from this requirement, cf. the Immigration Regulations Section 10-10, if the reference person has received

  • benefits pending national insurance benefits as mentioned in the Immigration Regulations Section 10-8

  • benefits pending housing allowance under the Act relating to the Norwegian State Housing Bank.

An exemption can also be made from the requirement if the payment must be considered a one-off payment and does not indicate that the reference person is generally dependent on public benefit schemes, cf. section 3.2.4 of the Ministry’s instructions G-05/2016 Entry into force of the Immigration Regulations – raising of the subsistence requirement and amended exemption provision (in Norwegian only).

7. Exemption from the subsistence requirement, cf. the Immigration Regulations Section 10-8 fourth paragraph (a) to (e)

7.1 The reference person is a refugee

The case officer shall make an exemption from the subsistence requirement in family immigration cases pursuant to the Immigration Act Sections 40, 41 and 42 first and second paragraphs if

  • the reference person holds a residence permit pursuant to the Immigration Act Section 28 (refugee status), Section 34 (collective protection) or a permanent residence permit after having held a permit pursuant to Section 28 or 34,

  • the application has been submitted or an electronic application for family reunification has been registered via the online application portal and the application fee has been paid within six months after the reference person was granted a residence permit or from the date of arrival if the reference person is a resettlement refugee pursuant to the Immigration Act Section 35, and

  • the applicant has appeared in person at a foreign service mission or external service provider and submitted the necessary enclosures to the application within one year after the reference person was granted a residence permit or from the date of arrival in the case of resettlement refugees pursuant to the Immigration Act Section 35. For applications pursuant to the Immigration Act Section 40 (spouses), it is a condition that the marriage was entered into before the reference person came to Norway. If the marriage was entered into after the reference person came to Norway, the exemption in Section 10-8 fourth paragraph (a) and (c) will not apply.

In special cases, an exemption can be granted from the deadlines if the applicant was prevented from submitting an application due to circumstances beyond the applicant’s control. An example of such circumstances is if the reference person and the applicant have not been able to contact each other because they have not known each other’s whereabouts. In such case, the deadlines will still apply, but will only be reckoned from the time at which the parties were able to establish contact with each other.

When is the application deemed to have been submitted?

When electronic applications are used, the application will normally be deemed to have been submitted when the applicant appears in person at the foreign service mission or external service provider and submits the cover letter and the other documents that must be enclosed with the application. This means that the date on which the applicant appeared at the foreign service mission will be used as a basis in the assessment of whether the one-year deadline for exemption from the subsistence requirement is met. Sometimes, the application will have been registered online within the six-month deadline, but the date on which the applicant appears at the foreign service mission will be after the one-year deadline. In such cases, the case officer must consider whether the late appearance is due to circumstances beyond the applicant’s control. An example of circumstances beyond the applicant’s control is if there was a long waiting time to book an appointment at the foreign service mission. The late appearance will then be due to circumstances on the part of the immigration administration. If, on the other hand, the applicant failed to have all the documents ready and therefore had to ask for a new or postponed appointment, this will not be deemed to constitute circumstances beyond the applicant’s control.

Cases where the reference person was granted protection before 1 August 2017

If the reference person was granted protection before 1 August 2017, it will be sufficient for granting an exemption from the requirement for future income under the Immigration Regulations Section 10-8 fifth paragraph that the application is registered online within one year even if the applicant’s personal appearance took place after the one-year deadline; see Borgarting Court of Appeal’s judgment of 19 October 2020 (Case no:19-175717ASD-BORG/03) (in Norwegian only) (external link to lovdata.no, only available to those with a subscription to Lovdata Pro).

7.2 The reference person is under the age of 18

The subsistence requirement does not apply when the reference person is under the age of 18, cf. the Immigration Regulations Section 10-8 fourth paragraph (d). It is the reference person’s age at the time of application that is the cut-off point for the 18-year age limit, cf. the Immigration Act Section 50. If the application is submitted by the deadline stipulated in the Immigration Act Section 50, but is not decided until after the child’s 18th birthday, the conditions must be met both on the applicant’s 18th birthday and at the time the decision is made, cf. the Immigration Regulations Section 9-8.

7.3 The applicant is a child under the age of 15 without care persons in his/her home country

The subsistence requirement does not apply if the applicant is a child under the age of 15 without care persons in his/her home country, cf. the Immigration Regulations Section 10-8 fourth paragraph (e). The exemption is described in more detail in the instructions issued by the Ministry of Justice and Public Security GI-08/2011 Instructions on the interpretation of the Immigration Regulations Section 10-8 fourth paragraph (e) – Exemption from the subsistence requirement when the applicant is a child under the age of 15 without care persons in his/her home country – Interpretation of the term ‘care persons’ (in Norwegian only).

It is the applicant’s age at the time of application that is the cut-off point for the 15-year age limit.

Who can be defined as a care person is defined in GI-08/2011.See further details in UDI 2017-002 Exemptions from the subsistence requirement in family immigration cases section 2 (in Norwegian only).

7.4 The applicant has been granted a residence permit on an independent basis due to abuse

The subsistence requirement does not apply if the applicant is a victim of abuse and has been granted a residence permit on an independent basis pursuant to the Immigration Act Section 53 first paragraph (b).

8.  Exemptions from the subsistence requirement, cf. the Immigration Regulations Section 10-11

8.1 Particularly strong humanitarian considerations

The case officer may make an exemption from the subsistence requirement if warranted by particularly strong human considerations, cf. the Immigration Regulations Section 10-11 first paragraph. For more information about the assessment of exemptions under the first paragraph, see UDI 2017-002 Exemptions from the subsistence requirement in family immigration cases (in Norwegian only).

Instructions from the Ministry of Justice and Public Security

The Ministry of Justice and Public Security has issued several instructions that regulate when the UDI should or may grant exemptions from the subsistence requirement pursuant to this provision:

The case officer must carry out a concrete overall assessment to determine whether an exemption should be granted in the individual case. When applying these instructions, the case officer must take into account the objective of the subsistence requirement and the objective of the individual guidelines. Prevention of forced marriages will for example be a consideration indicating that the case officer should not grant an exemption from the subsistence requirement. Note that some of the instructions entail that an exemption is granted from the subsistence requirement as a whole, while others only entail an exemption from the requirement for previous income.

8.1.1 Assessment of particularly strong humanitarian considerations

The provision is intended as a restrictive exemption provision to address special cases where it would be clearly unreasonable to reject a residence permit application because the subsistence requirement is not met.

The case officer must make a concrete overall assessment to determine whether particularly strong humanitarian considerations exist within the meaning of the Immigration Regulations. The case officer must weigh humanitarian considerations against immigration control considerations.

Key factors in the assessment of whether strong humanitarian considerations exist may be:

  • that material obstacles prevent the family from living together in another country

  • health-related factors

  • connection to Norway

  • the best interests of the child

The above-mentioned factors are described in more detail below and must not be read as conditions or as an exhaustive list of factors of importance. Other factors may also be relevant in an assessment of whether ‘particularly strong humanitarian considerations’ exist. An overall assessment must always be made in each individual case.

The case officer may, following a concrete overall assessment in the individual case, grant an exemption from the subsistence requirement for an applicant in a same-sex relationship if the parties have been prevented from entering into marriage or living together because of their sexual orientation, and the relationship appears to be sufficiently well-established. The reasoning behind the exemption is that the applicant would have been granted an exemption under the Immigration Regulations Section 10-8 fourth paragraph (a) if they had been married or living together before the reference person entered Norway.

In general, it takes less for an exemption to be granted from the subsistence requirement if it is only the requirement for previous income that is not met.

As a rule, the case officer shall not grant an exemption from the subsistence requirement in the following cases:

  • when the applicant was staying illegally in Norway at the time of marriage

  • when the applicant is in Norway waiting for his/her asylum application to be decided

  • when the applicant is visiting Norway

  • when a marriage of convenience is suspected

  • when there is doubt about the applicant’s identity

Material obstacles to living together as a family

A key factor in the assessment of whether particularly strong humanitarian considerations exist is whether the family is already living together in Norway and material obstacles prevent them from living together in another country. Whether there is a risk of persecution in the country where the family may settle together will therefore be relevant. See UDI 2017-002 Exemptions from the subsistence requirement in family immigration cases section 3.2.2 (in Norwegian only).

Health-related factors on the part of the applicant

Health-related factors on the part of the applicant may be emphasised in a concrete overall assessment of whether particularly strong humanitarian considerations exist. The health-related factors must be documented in the form of a medical certificate that meets the requirements set out in Section 4 of the Regulations concerning requirements for health personnel’s certificates, declarations etc. (in Norwegian only)(external link).

In order for an applicant’s illness to form the basis for granting an exemption from the subsistence requirement, it must normally concern an acute, life-threatening illness. By ‘acute’ is meant that it is of decisive importance that the illness is treated in the course of a relatively short time. ‘Life-threatening’ means that the person risks dying if treatment is not initiated soon.

In the case of mental illness, the applicant must suffer from a ‘serious mental disorder’ in order for mental illness in itself to form the basis for granting an exemption from the subsistence requirement. A ‘serious mental disorder’ means that the applicant must, in principle, have a mental disorder that means that he or she is psychotic or suffers from another mental disorder of a degree of severity comparable to psychosis. This will typically concern serious psychiatric diagnoses like schizophrenia, bipolar disorder, paranoid psychosis and serious personality disorders.

If the applicant has access to adequate available treatment services in his/her home country, the fact that the applicant suffers from an acute, life-threatening illness will not in itself be enough to grant an exemption from the subsistence requirement. Read more about the assessment of treatment services in the home country in UDI 2013-020 Health claims in asylum cases (in Norwegian only).

If the applicant has access to adequate treatment in his/her home country, emphasis should nonetheless be given to whether the applicant has started a treatment programme in Norway that it would not be advised to interrupt.

Although health problems in themselves are not sufficient to grant an exemption, such considerations may nonetheless be relevant in an overall assessment in which other individual circumstances exist that together warrant granting an exemption from the subsistence requirement.

Health-related factors on the part of the reference person

 If it is the reference person who is ill, and he or she is not permanently disabled, this is not in itself sufficient to grant an exemption pursuant to this provision. Other individual circumstances must exist that also warrant granting an exemption from the subsistence requirement.

The consideration of disabled reference persons has been taken into account by lowering the requirement for future income, so that the subsistence requirement can be met through a full minimum pension at the high rate (see section 4.3.5), and an exemption is granted from the requirement for previous income, cf. the  Immigration Regulations Section 10-9 third paragraph (d). In principle, there is no basis for making exemptions from the subsistence requirement pursuant to the Immigration Regulations Section 10-11 for reference persons who are disabled and receive less than this rate or who receive supplementary benefits, cf. section 4.3.5. Other individual circumstances must exist that also warrant granting an exemption from the subsistence requirement and that set the applicant apart from others in the same situation.

Connection to Norway

If the applicant has a special connection to Norway, this may be relevant in the assessment of whether there are grounds for granting an exemption from the subsistence requirement. The connection to Norway can be established through a qualified residence period or Norwegian children.

The fact that the applicant has Norwegian children is not in itself sufficient to grant an exemption on grounds of to humanitarian considerations. There must also be other significant circumstances in the case in order to grant an exemption from the subsistence requirement. Based on current practice, the fact that the parties have lived together in a long-term established relationship, with Norwegian children, may, following a concrete assessment, be sufficient to grant an exemption from the subsistence requirement. See also GI-08/2012.

A connection established during the application period will, as a rule, not be given weight.

The child’s best interests

Article 3 of the UN Convention on the Rights of the Child stipulates that the best interests of the child shall be a basic consideration in all actions involving children. The best interests of the child will be a key factor in the assessment of whether particularly strong humanitarian considerations exist within the meaning of the Immigration Regulations. However, the Convention on the Rights of the Child does not preclude other considerations, including immigration control considerations, being given equal or greater weight. The family relationship between children and parents is not in itself sufficient to grant an exemption from the subsistence requirement. In principle, there must be other factors in the case as well.

The child’s age, life situation and care situation will be important factors in the assessment of whether an exemption should be granted from the subsistence requirement.

Children’s right to be heard, and grounds for decisions

Children who have reached the age of seven and younger children who are capable of forming views of their own shall be informed and given an opportunity to be heard before a decision is made in a case that concerns them under the Immigration Act, cf. the Immigration Regulations Section 17-3. The child can be heard orally or in writing, or through their parents or guardians, representative or others who can make statements on the child’s behalf. The child’s view shall be given emphasis in relation to their age and maturity.

It should be made clear in decisions that affect children how the child’s situation has been assessed, including how the best interests of the child have been taken into account, unless it is deemed to be unnecessary. This follows from the Immigration Regulations Section 17-1a.

Read more about hearing children’s views in UDI 2010-043 Children’s right to be heard in immigration cases.

8.2 Exemptions due to obvious ability to self-support

The case officer may make an exemption from the subsistence requirement if the reference person or others, cf. Section 10-8 third paragraph, are obviously capable of supporting the parties, cf. the Immigration Regulations Section 10-11 second paragraph.

8.2.1 Who can qualify for an exemption due to ability to self-support

The exemption only applies in cases concerning the closest family members, i.e. spouse, cohabitant and children. As a general rule, only the reference person’s wealth can qualify for an exemption from the subsistence requirement due to an obvious ability to self-support. However, the exemption applies correspondingly to the applicant/guarantor in cases where his/her income can also be taken into account pursuant to the Immigration Regulations Section 10-8 third paragraph.

8.2.2 Requirement for obvious voluntary cohabitation

The basic condition for making an exemption on the basis of an obvious ability to self-support is that the relationship is obviously voluntary.

The cohabitation is considered to be obviously voluntary if it has been entered into between two parties originating from countries or areas where neither we nor other countries in Europe have experience of forced marriages occurring. If only one of the parties originates from such a country or region, it will also often be obvious that the marriage is voluntary.

The marriage may also be considered obviously voluntary if the parties come from a country or area where forced marriages are known to occur, but where the marriage is obviously contrary to the norms of that culture, rendering it completely unlikely that family members or others have subjected the parties to coercion or pressure.

The requirement for obvious voluntary cohabitation must be considered in the light of the 24-year requirement in the Immigration Act Section 41a, and it is assumed that the conditions are equally applied.

8.2.3 What is required to be considered obviously self-supporting

The point of departure for the assessment is that assets must clearly exceed liabilities, i.e. the person’s wealth when debt has been deducted. This information can be obtained from the person’s tax settlement.

No specific amount limit has been defined for when a person is deemed to be self-supporting. How much is required depends on how much income the reference person has and how much of the subsistence requirement is met. If no part of the subsistence requirement is met, more wealth is required than in cases where the subsistence requirement is almost met. Consideration for the coherence of the regulations dictates that, in such cases, emphasis must be placed on whether the person has wealth that exceeds NOK 1,000,000.

Wealth linked to real property

As a clear general rule, wealth linked to a primary dwelling or commercial building cannot be included in the assessment of whether an exemption applies pursuant to the Immigration Regulations Section 10-11 second paragraph. The disposal of a primary dwelling/commercial building will be time-consuming and the wealth cannot be considered readily available to support the family.

Example 1:

The requirement for previous income has been met and the reference person needs NOK 3,000 per year to meet the requirement for future income. The reference person has a net wealth of NOK 300,000 and this is considered sufficient to make an exemption pursuant to the Immigration Regulations Section 10-11 second paragraph.

Example 2:

The reference person does not have any income and does not meet any part of the subsistence requirement. He/she has a net wealth of NOK 2.1 million, but 1.5 million is linked to the reference person’s primary dwelling. As we do not include assets tied up in a primary dwelling, the remaining wealth will be NOK 600,000, and this is not considered sufficient to make an exemption pursuant to Immigration Regulations Section 10-11 second paragraph.

Example 3:

The reference person does not meet any part of the subsistence requirements. He/she has a bank statement showing NOK 1.5 million in the account, but with a deduction of NOK 400,000 in student debt. The total net wealth is NOK 1.1 million. This is considered sufficient to make an exemption pursuant to Immigration Regulations Section 10-11 second paragraph.

8.2.4 Exemption from the requirement for previous income based on varying income level

Some income groups, such as farmers, may have some variation in income from year to year. The case officer may make an exemption from the requirement for previous income even if the reference person falls short of meeting the requirement, if he or she, in recent years, has mainly had an income level that exceeds the applicable requirement.

8.3 Relaxation of the rules for students

8.3.1 Exemption from the requirement for the duration of income

An exemption can be made from the requirement for the duration of income in cases where the reference person has less than one year left of his/her education. At the beginning of their studies, students will meet the requirement for the duration of income by a good margin, through a combination of student loans/grants and part-time work, but as their studies draw to a close, they can no longer demonstrate that they will continue to receive financial support for students for the duration of the coming year.

The case officer may make an exemption from the requirement for the duration of income in cases where the requirement for previous and future income was met at the time of the application, but where the requirement is no longer met at the time of the decision because the reference person has less than one year left of their education, cf. the exemption provision in the Immigration Regulations Section 10-11 third paragraph

8.3.2 Income requirement when the reference person holds a residence permit as a student or a researcher with own funds

If the reference person holds a study permit pursuant to the Immigration Regulations Section 6-19 first paragraph or third paragraph, or has been granted a permit as a researcher with own funds pursuant to Section 6-20, the case officer shall base the assessment on the reference person’s own funds in the form of money in a Norwegian bank account. If the student and his/her spouse apply for a first-time residence permit at the same time from their home country, the case officer can base the assessment on the reference person’s funds in a bank account in his or her home country. The reference person must actually have access to this money for the duration of the period applied for.

The case officer can also include the applicant’s own funds in the bank account in cases where the applicant’s income is otherwise included pursuant to the Immigration Regulations Section 10-8 third paragraph (a) and (b). See the instructions GI-07/2011.

9. Requirements for subsistence upon renewal of a family immigration permit

When a first-time residence permit has been granted pursuant to Sections 40–46 of the Immigration Act, the general rule is that no requirement for assured subsistence will apply upon renewal of the permit, cf. the Immigration Regulations Section 10-20 third paragraph.

However, the applicant is subject to a subsistence requirement when applying for renewal of a family immigration permit if the reference person holds a residence permit that is subject to a subsistence requirement upon renewal, cf. the Immigration Regulations Section 10-20 first paragraph. This will, for example, apply in cases where the reference person holds a residence permit for the purpose of work or studies pursuant to the Immigration Act Chapter 3, or the Immigration Regulations Section 8-10.

When considering applications for renewal of a residence permit, the case officer shall:

  • consider whether the applicant is subject to a subsistence requirement upon renewal and, if relevant, check whether the requirement is met

  • investigate further and obtain relevant documentation if there is reason to doubt that the subsistence requirement has been met during the period the permit has been valid.

10. Revocation

A residence permit may be revoked if it turns out that the subsistence requirement has not been met as assumed when the first-time permit was granted, cf. the Immigration Act Section 63. The UDI has power of decision in cases concerning revocation; cf. the Immigration Act Section 65.

The case officer shall give the foreign national prior notice of a decision to revoke the permit and set a reasonable deadline for him or her to comment on the matter.

See UDI 2017-013 The UDI’s responsibilities in revocation cases (in Norwegian only) for more detailed guidelines regarding revocation.