Topic
- Work
- Protection (asylum)
- EU/EEA
- Family immigration
- Permanent residence permit
- Education and au pair
- Visa
Source of law
- Guideline
-
Recipient
- The Norwegian Directorate of Immigration (UDI)
- The Norwegian police
- The foreign service missions
Owner
- UDI Control
Case number in UDISAK (archive system)
UDI 2011-040 Control of persons and ID documents
1. Introduction
1.1 Scope
As a rule, everyone who applies for a visa or residence permit under the third country regulations and everyone who registers or applies for residence documents under the EEA regulations in Norway must present a passport or other approved travel document as documentation of their identity.
The immigration administration has seen that such documents may be forged and that some people may try to use identity documents that belong to someone else. That is why it is important to carry out control of persons and documents. These guidelines describe how the first-line services (police districts and foreign service missions) should check whether the identity documents of the applicant or the person registering are genuine (document control) and whether that person is the rightful owner of the documents (control of person).
In addition, reference is made to UDI 2021-006 Opptak av biometri og saksopprettelse i utlendingssaker (in Norwegian only). The guidelines describes the recording, storage and search for biometric data, which is also a fundamental part of the controls performed by the police and the foreign service missions in the vast majority of immigration and visa cases.
The guidelines apply to:
- applications for first-time residence permits under the third-country regulations
- applications for renewed and permanent residence permits where the applicant is required to appear in person
- applications for renewal of residence cards where the applicant is required to appear in person; see UDI 2012-011 Schengen-standardisert oppholdskort
- applications for local border traffic permits, cf. the Immigration Regulations Section 3-1a first paragraph (a)
- registration of right of residence for EEA nationals under the Immigration Act Chapter 13
- applications for permanent residence certificates for EEA nationals under the Immigration Act Chapter 13
- applications for residence cards for family members who are not EEA nationals under the Immigration Act Chapter 13
- applications for permanent residence cards for family members who are not EEA nationals under the Immigration Act Chapter 13
- applications for residence cards for service providers and business starters who are not EEA nationals under the Immigration Act Chapter 13
- applications for residence permits under the EEA/EFTA–UK Separation Agreement, cf. the Immigration Regulations Sections 19-33–19-35 (Brexit Regulations)
The guidelines also apply to visa cases in which the applicant is required to appear in person, but they do not regulate which visa cases such a requirement will apply to.
The guidelines only concern the process of checking documents in relation to the person applying and verifying whether the documents are genuine. In this connection, that a document is genuine means that it has been issued by the proper authority in the correct manner. A document that has been issued by the correct authority in the correct manner is not considered a genuine document if part of the content has been changed, unless this has been authorised by the correct authority.
These guidelines do not apply to:
- other types of investigations, for example to check whether information the applicant or the person registering has provided is correct or to verify whether the content of the document is based on correct information; see UDI 2010-155 Verifisering i utlendingssaker (in Norwegian only).
- the general credibility of documents. Here, reference is made to Landinfo’s reports on the general notoriety of documents from different countries, which have been added to the Country Database (external link, login required), and to information in the Norwegian ID Centre’s database (external link, login required).
- the control of persons and documents carried out by the police as the police authority, including immigration control under the Immigration Act Section 21. Please refer to the police’s own guidelines on this point.
- the control of persons and documents carried out by the National Police Immigration Service (NPIS) in connection with applications for protection, with the exception of what follows from section 3.3.1 third paragraph.
It is important to note that a person’s identity has not necessarily been established even if no deviations are detected during the controls. Whether the person’s identity has been established is determined on the basis of an overall assessment of submitted documentation, the person’s own information and available country information, including information about the reliability of the country’s travel and identity documents; see UDI 2012-009 Avklaring av identitet (in Norwegian only).
1.2 Objective
The objective of these guidelines is to establish common procedures for how control of persons and documents is to be carried out in visa and residence cases under third-country and EEA regulations. The guidelines apply to the first-line services in immigration cases, i.e. the police and the foreign service missions. There will be some differences between the requirements for document control carried out by the police and that carried out by the foreign service missions, and also between the different foreign service missions.
1.3 Definitions
For the purposes of these guidelines, we rely on the definitions of "identity", "control of person", "document control", "verification" and "notoriety" set out in UDI 2012-009 Avklaring av identitet (in Norwegian only).
2. Key provisions on documentation requirements in connection with applications for visas, residence permits and registration under the EEA regulations
One of the conditions for obtaining a Schengen visa is that the applicant holds a valid travel document or a document permitting border crossing, cf. the Immigration Act Section 10 first paragraph (a) and the Immigration Regulations Section 3-17 fourth paragraph, as well as the article to 6.1(a) of the SBC/Border Regulation, which is implemented in the Border Act Section 8 (external link).
The Immigration Regulations Section 10-2 second paragraph states that foreign nationals who apply for a residence permit must document their identity by means of a passport or another identity document issued by a public authority. For those applying for protection, the Immigration Act Section 93 first paragraph second sentence states that applicants must submit their passport or other travel document together with the application. This also means that the documents presented must be genuine, cf. the Penal Code Section 361 first paragraph (b) (external link). For those applying for a local border traffic permit, it is stated in the Immigration Regulations Section 3-1 first paragraph (a) that they must be in possession of a valid travel document.
The Immigration Act Section 83 second paragraph and the Immigration Regulations Section 17-7 contain provisions on foreign nationals’ obligation to provide information, which apply to applications for a residence permit as well as applications for protection. It follows from The Immigration Act Section 83 second paragraph that, when the immigration authorities so require, a foreign national must contribute to clarifying their identity stated at the time of entry and until such time as their correct identity has been registered. The foreign national may also be subject to such a duty at a later point if there is reason to believe that the registered identity is not correct. The Immigration Regulations Section 17-7 contain provisions on what may be required of foreign nationals in such cases, including the presentation of documentation. Pursuant to the final paragraph of the provision, a foreign national who is required to help clarify their own identity shall be made aware of the provisions on participation and that non-compliance with such an order may constitute a criminal offence. Pursuant to the Immigration Act Section 8 third paragraph and the Immigration Regulations Section 2-11 first paragraph, the UDI has the authority to accept ID documents other than a passport or to exempt a foreign national from the passport requirement.
EEA nationals who register pursuant to the Immigration Act Chapter 13 must present a valid national ID card or passport approved for entry into Norway, cf. the Immigration Act Section 117, cf. the Immigration Act Section 8, cf. the Immigration Regulations Section 2-10 and Appendix 4 to the Regulations. Persons applying for a residence card under the the Immigration Act Chapter 13 must present a passport, cf. the Immigration Act Section 118.
A fine or imprisonment may be imposed on a foreign national who fails to comply with an order to contribute to clarifying their identity, or who provides materially incorrect or obviously misleading information about their identity, cf. the Immigration Act Section 108 first paragraph (a) and (c). Furthermore, false statements and the use of false documents are punishable under the Penal Code Section 221 first paragraph (external link), Section 361 first paragraph (b) (external link) and Section 162 (external link).
3. How to carry out control of persons and documents
3.1 Who should carry out the controls
It is the agency the foreign national submits the application to or registers with (the first-line service) that is responsible for the control of persons and documents. This means it is the case officer at the foreign service mission or the police who must carry out the initial controls. Where the foreign service mission has entered into an agreement with an external service provider to accept applications, it is the external service provider who carries out the controls.
3.2 Which documents the first-line service should check
The first-line service represented by the police or the foreign service mission shall carry out controls in accordance with the guidelines in sections 3.3 and 3.4 in connection with the following ID documents: In places where the Foreign Service has outsourced the receipt of applications, the control of persons is carried out by the external service provider. The first-line service shall, in accordance with the Immigration Act Section 8 and the Immigration Regulations Chapter 2, carry out control of persons and document control of nationality passports and other travel documents. This includes the following document types:
- nationality passports, cf. the Immigration Act Section 2-4
- national ID cards from EU member states, cf. Appendix 4 to the Immigration Regulations
- diplomatic passports
- protective passports
- UN laissez-passer
- collective passports
- military passports
- laissez-passer / emergency passports
- travel documents for refugees, cf. the Immigration Regulations Section 2-5
- travel document for stateless persons
- seafarer’s passports
- service passports
- immigrant’s passport, cf. the Immigration Regulations Section 2-5
In individual cases, or groups of cases, the first-line service may, at its own discretion, check other types of identity documents than those mentioned in the first paragraph, including breeder documents for the travel document. Examples include national ID cards for certain countries outside the EU, domestic passports, nationality certificates, or birth and marriage certificates. It is particularly important to check breeder documents in cases where the travel document may be genuine, but contains incorrect information. The need to investigate breeder documents will be based on a country-specific assessment of the extent of false documents. The case type may also indicate that breeder documents should be checked.
3.3 The role of the police districts
It is the responsibility of the police districts to check the identity of foreign nationals in cases where they apply for residence permits from Norway, or register or apply for residence documents under the EEA regulations, including control of persons and documents.
3.3.1 Controls to be carried out by the police in all cases (minimum ID control)
When a foreign national applies for a first-time residence permit, a visa at the border, extension of a visa in Norway or when registering/applying for a residence permit/card from Norway, the police district must always check the person’s identity and the documents set out in section 3.2. The same applies to applications for a renewed or permanent residence permit or permanent residence certificate/card. The control must be carried out regardless of who the foreign national is and what type of case it concerns. Such control shall also be carried out:
- when implementing a permit in cases where the application:
- has been submitted to a foreign service mission or by proxy
- applies to residence permits under the EEA/EFTA–UK Separation Agreement, cf. the Immigration Regulations Sections 19-33–19-35 (Brexit Regulations)
- where the applicant is required to appear in person to obtain a new residence card
- in connection with an application for changes to personal data where the submitted identity documents have not been previously checked
If the applicant, or the person registering, does not consent to submitting the document, the police district must consider whether there are grounds for seizing the document pursuant to the Immigration Act Section 104. Seizures under the Criminal Procedure Act may also be relevant, for example if the document appears to be false. In the administrative case, the police must fulfil the duty of disclosure pursuant to the Immigration Regulations Section 17-7 final paragraph.
Foreign nationals who apply for protection must present the identity documents they are in possession of together with the application. These documents will be checked by the National Police Immigration Service (NPIS). Some applicants will nonetheless sometimes submit documents to the local police district later on. In such cases, the police district must check that the applicant is the rightful holder of the document; see letter a) below. The document must then be sent to the NPIS to check its authenticity. If a foreign national who has been granted a residence permit after applying for protection presents identity documents in connection with applying for renewal of the permit or a permanent residence permit, the local police district must check the person’s identity and the documents in accordance with the guidelines in this circular. For procedures for renewing permits that are limited due to failure to present identity documents and/or doubts about identity, see UDI 2018-003 Fornyelse av tillatelser gitt etter søknad om beskyttelse (in Norwegian only).
Such control involves:
a) matching the passport or other identity documents with the applicant or the person registering (control of person)
The police case officer who receives an application for a residence permit must always check that the passport or other ID document, cf. section 3.2, actually belongs to the applicant.
Guidelines for how such controls should be carried out are provided in guidelines from the National Police Directorate and the Norwegian ID Centre (external link to nidsenter.no, login required).
b) checking whether the document is genuine (document control)
The police case officer who receives an application for a residence permit/residence card or registers the right of residence under the EEA regulations must always perform a basic check of the document. The same applies to applications for a renewed or permanent residence permit or a permanent residence certificate/card. When checking the document, an automated passport reader must be used if the first-line service has one available.
Guidelines for how the minimum control should be carried out are provided in guidance from the National Police Directorate and the Norwegian ID Centre (NID) and follow from the checklist for identity and document control carried out by the police (external link, login required). The police also have the right to conduct systematic searches of EU/EEA nationals in DUF, ELYS 11, the National Population Register and NORVIS when issuing registration certificates or residence certificates/cards.
3.3.2 Extended control
In many cases, the police must carry out a more comprehensive check of the documents than what follows from section 3.3.1. If the police case officer lacks the competence or equipment required to carry out the investigations, they shall ask for assistance from the second-line ID service in the police district, or from the Norwegian ID Centre. It may also be an option to seize the document, cf. section 4.2.
Cases where extended control should definitely be carried out include:
a) when the case officer is not familiar with the type of document presented
If the case officer is not familiar with the type of document presented, they must first check whether the document is listed in the Council of the European Union’s list of recognised travel documents ("Table of travel documents entitling the holder to cross the external borders and which may be endorsed with a visa"). Furthermore, the document shall be checked against the reference databases to which the individual police district has access.
b) on concrete suspicion
The police must always carry out a more thorough investigation if, following the initial check, they suspect that the document may be false or are in doubt about whether the foreign national is the rightful holder of the document. The rightful holder of a document is the person who has legal and physical ownership of the document. It must be checked that the person who is in physical possession of the document is also the legal owner of the document. Such investigations may for example include checks against relevant registers that are available in the individual police district as well as more extensive technical investigations. Guidelines for what kind of document control should be carried out in such cases and the subsequent actions to take are provided in a checklist issued by the National Police Directorate. Upon concrete suspicion that a document is false, the police must take the applicant’s fingerprints, cf. the Immigration Act Section 100 first paragraph (a). A fingerprint may, for example, uncover whether the applicant has previously applied for a residence permit using a different identity.
c) conflicting information about identity
In cases where a foreign national presents an ID document with different ID information than previously stated, an extended control of this document should always be carried out. The police must do this regardless of whether person in question presents the document in connection with an application. The foreign national should also explain why they are presenting a document with new ID information. In such cases, it may be relevant to demand that the applicant present other ID documents in addition to the travel document, particularly breeder documents for the travel document such as a national ID card or nationality certificate, cf. section 3.2. The police must then also check the breeder documents. For more information about case processing in cases with conflicting identity information, and the checks to be carried out, see UDI 2012-009 Avklaring av identitet section 4.1.2 and section 7.2.1 items 6 and 7, including that the police district in such cases must as a rule interview the applicant or the person registering. Procedures for what document control the police should carry out in such cases, and the subsequent actions to take, are provided in the National Police Directorate’s checklist for identity and document control carried out by the police (external link, login required).
d) risk assessment
Experience shows that there is a greater risk of documents from certain countries being forged, or that some types of documents may be more liable to forgery. It may also be the case that some types of applications from certain countries are commonly accompanied by false documents. The factors that require particular attention in this connection are constantly changing. If, in connection with a standard initial control, and in light of the case officer’s experience of certain countries and types of cases, circumstances are discovered that warrant particular attention, the case may be considered as a high-risk case.
In high-risk cases, the police must always carry out an extended control to check whether the document is genuine, cf. the procedures for such extended control provided in the National Police Directorate’s checklist for identity and document control carried out by the police (external link, login required).The document can also be checked against the reference databases at the police's disposal, such as PRADO and DISCS. The police district may obtain access to some such reference databases through the Norwegian ID Centre’s website. The police must consider which technical investigations are expedient for each risk type, and, in this assessment, the case officer can contact the second-line ID service in the police district or the Norwegian ID Centre.
When assessing the risk associated with a case, the police may decide to check cases from countries in which the documents have good notoriety even more thoroughly, since travel documents from such countries can confer better rights on their holder, such as freedom from visa requirements etc. However, this does not mean that documents with low notoriety shall not be checked for authenticity.
3.4 The role of the foreign service missions
The Ministry of Foreign Affairs has reduced the number of foreign service missions that work on visa and residence permits and entrusted these task with a few missions, most of which are regional hubs (hub missions). The hub missions have taken over responsibility for visa and residence applications from one or more other missions (satellite missions), and have overall responsibility for the control of persons and documents. The satellite missions have relinquished responsibility for case processing, but some satellite missions assist the hubs with tasks, such as carrying out minimum control of travel documents.
The Ministry for Foreign Affairs has entered into a global framework agreement with an external service provider on the receipt of visa and residence permit applications. Under this agreement, the external service provider is required to carry out control of persons in all cases submitted to an application centre. The foreign service mission is responsible for following up and quality assuring the service provider’s control, to fulfil its own duty to carry out document control. In cases where a foreign service mission nevertheless receives applications directly, the mission must carry out the control itself.
Three levels of control have been established for the Foreign Service’s ID checks in immigration cases, and guidelines for the three levels are described in the Ministry of Foreign Affairs’ guidelines "ID-kontroll ved norske utenriksstasjoner og håndtering av falske dokumenter" (in Norwegian only) with the appendices "Tiltakskort for minimumskontroll av ID", "Tiltakskort for utvidet kontroll av ID" (both in Norwegian only) and "Action Card for Control of Persons VFS" (in English).
3.4.1 Minimum control
All cases must undergo minimum control. The minimum control consists of:
- matching the passport or other ID document with the applicant (control of person)
- checking whether the document is genuine (document control), including with the use of a passport reader
Minimum control must be carried out in accordance with the action cards that the Ministry of Foreign Affairs and the Norwegian ID Centre have prepared for this purpose. In cases of doubt about the person’s identity or the authenticity of the document, the case must undergo extended control. Some groups are exempt from the duty to appear in person, including holders of diplomatic passports, service passports or official passports who apply for entry visas pursuant to UDI 2010-004 Entry visa for foreign nationals affiliated to diplomatic or consular missions. Applicants who have submitted biometrics within the last 59 months that can be reused may submit a visa application with the help of an authorised representative and may therefore be exempt from appearing in person and from undergoing controls.
3.4.2 Extended control
In some cases, the foreign service missions must carry out a more comprehensive control of the documents: Cases where extended control should be carried out:
- When the case officer is not familiar with the type of type of document presented
- On concrete suspicion
- Risk assessments
- If there is conflicting identity information
- When there is doubt about whether the foreign national is the person pictured in the travel document
The extended control must be carried out carried out in accordance with the action cards that the Ministry of Foreign Affairs and the Norwegian ID Centre have prepared for this purpose.
3.4.3 Second-line control
If the foreign service mission is in doubt after having carried out extended control, the case shall be escalated to the regional ID expert for second-line control.
In places where Norway is represented by another Schengen state, the foreign service mission will carry out the control of persons and documents. The other country’s foreign service mission will in such case carry out the control in accordance with its own procedures.
4. Work following control of persons and documents
4.1 Submission comments relating to controls in the first-line service
The controls and assessments carried out by the first-line service are important for the other agencies in the immigration administration, particularly those that are to decide the case after the application has been received, either the police, the foreign service mission, the UDI or UNE. It must therefore be clear from the first-line service’s submission comments what type of controls have been carried out of persons and documents in the case, and the result of these measures. If no control of persons or documents has been carried out in cases where it follows from sections 3.3.1 and 3.4.1 that such control shall, as a rule, be carried out, it must be clearly stated in the administrative systems (ID clarification system) and submission comments that this has not been done, and the reason why. If the applicant has been exempt from submitting their application in person, cf. section 3.4.1, this must be clearly stated in the submission comments.
4.1.1 Control pursuant to sections 3.3.1 and 3.4.1 (minimum control)
In cases where a mandatory control of an original document has been carried out in accordance with sections 3.3.1 and 3.4.1, it shall be stated in the case file, and, if relevant, in the submission comments to the UDI.
The role of the police
The police shall do this by registering the result of the document control in the administrative system, also when it has not been possible to reach a conclusion. It must also be stated whether the document, or photos for facial comparison, has been sent to the Norwegian ID Centre, the NPIS or Kripos. Deviations in the submitted document must be registered in accordance with Appendix 2 "Avviksliste for identitetsdokumenter". If the application has been forwarded to the UDI before the police have received the results of the document control or the facial comparison, this must also be stated in the submission to the UDI.
In cases where the police have checked a travel document, the case officer must also register the travel documents in the administrative system, cf. UDI 2012-009V1 Registrering av ID-opplysninger i saker etter utlendingsloven (in Norwegian only). The correctness of the travel document must be registered with one of the following options:
- Genuine (following extended control)
- Documented (following minimum control)
- Not checked
- The document has been forged/altered
- The document applies to another person
- The document was not issued in accordance with the applicable issuing procedures
- The ID information in the document is false
- Only a copy of the document has been submitted
The role of the foreign service missions
The foreign service missions shall register deviations relating to the submitted document in accordance with Appendix 2 to these guidelines ("Avviksliste for identitetsdokumenter"). If such control reveals findings or deviations that have a bearing on the assessment of whether the document is genuine, and it is insufficient to register these in the ID clarification system, the findings and deviations must be specified in a report, for example that:
- the document applies to a person other than the applicant
- the document has been forged/altered
- the document was not issued in accordance with the applicable issuing guidelines
- the ID information in the document is false
In cases where the foreign service mission has checked a travel document, the case officer must also register the travel documents in the administrative system, cf. UDI 2012-009V1 Registrering av ID-opplysninger i saker etter utlendingsloven (in Norwegian only). It is mandatory to register the correctness of the travel document. The correctness of the travel document must be registered with one of the following options:
- Genuine (following extended control)
- Documented (following minimum control)
- Not checked
- The document has been forged/altered
- The document applies to another person
- The document was not issued in accordance with the applicable issuing procedures
- The ID information in the document is false
- Only a copy of the document has been submitted
In visa cases, the correctness of the travel document will automatically be completed with the designation "Documented (following minimum control)". In all cases where the correctness of the document must be registered with another option, the case officer must change the designation manually.
4.1.2 Extended control and the UDI’s second-line control, cf. sections 3.3.2., 3.4.2 and 3.4.3
In cases where extended control has been carried out in accordance with sections 3.3.2 and 3.4.2, the investigations that have been carried out and their results must be included in the case file and, if relevant, in the report on the document control; see Appendix 2 "Avviksliste for identitetsdokumenter". If the result of the investigation is not available at the time the case is to be transferred to the UDI, it must be stated in the submission comments that the document has been sent for extended control.
The role of the police
The police shall do this by registering in the administrative system that the document has been sent for extended control. Any deviations that are identified following extended control of the document must be registered in the administrative system in accordance with Appendix 2 "Avviksliste for identitetsdokumenter". Any reports from the extended document control must be registered as a case document. If the document is considered genuine following the extended document control, the document shall be registered as "genuine following extended control" in the administrative system.
If the application has been forwarded to the UDI before the police have received the results of the document control, this must be stated in the submission comments to the UDI.
The role of the foreign service missions
If the foreign service mission identifies findings or deviations that have a bearing on the assessment of whether the document is genuine, this must be registered in accordance with Appendix 2 "Avviksliste for identitetsdokumenter". If it is not sufficient to register findings or deviations in the ID clarification system; the findings must be disclosed in a report. The report must also state whether the document has been presented to the regional ID expert or others with second or third-line document control expertise.
4.2 When a document is deemed to be suspicious or false
The first-line service can follow multiple leads when a document is deemed to be suspicious. Many considerations can affect the assessment of what action to take in suspicious cases, for example how important the document is in relation to deciding the application and whether it is possible to verify the document in the country in question. How the first-line service follows up a specific case will therefore often depend on a concrete overall assessment. In cases that will clearly result in rejection, for example, it will not be necessary to verify information. Read more about verification and the procedures concerning verification in UDI 2010-155 Verifisering i utlendingssaker (in Norwegian only).
The case officer at the foreign service mission or the police must decide whether there are grounds for further investigation before a decision is made or the case is forwarded to the UDI. Such investigations may include checking registers in the applicant’s home country (verification).
4.2.1 The role of the police
Police case officers can seek advice from the second-line ID service in the police district, the NPIS or the Norwegian ID Centre. It may also be relevant to seize the presumed false document and, if applicable, consider rejection, expulsion or prosecution. If the document has been found to be false, the police must revoke it.
4.2.2 The role of the foreign service missions
Case officers at foreign service missions can seek advice from the Ministry of Foreign Affairs’ regional ID expert, foreign service missions in other countries, liaison officers and the Norwegian ID Centre.
In its guidance on ID checks ("ID-kontroll ved norske utenriksstasjoner og håndtering av falske dokumenter" – in Norwegian only) with appendices, the Ministry of Foreign Affairs has provided guidelines for how the foreign service missions should handle false documents and results following ID checks, and follow-up in cases where the mission has uncovered a false identity and/or false documents during the case processing. The UDI has issued procedures for how to open an expulsion case in such cases in UDI 2015-010 Establishment of an expulsion case at the foreign service mission when incorrect information is given.
When the case is forwarded to the UDI, it must be clear from the foreign service mission’s submission comments whether the control uncovered deviations, including whether the document is suspected to be false/forged, and if so, on what grounds. More information about the comments that must be included is available in section 4.1.
4.3. Information to be submitted to the applicant or the person registering
If the information is of material importance to the outcome of the case, cf. the Public Administration Act Section 17 (external link), the first-line service shall, on its own initiative, present the results of the controls to the party concerned (the foreign national or their authorised representative). For a more detailed explanation of the duty to provide information pursuant to the Public Administration Act Section 17 second and third paragraphs, see UDI 2014-010 "Partsinnsyn etter forvaltningsloven" (in Norwegian only) section 8. The information should not be disclosed to the applicant if the case will also be reported to the police and such disclosure in the administrative case could influence the criminal case, or if a statement from the applicant will entail self-incrimination. The immigration administration has a duty to disclose the results of any control measures that do not confirm the information about the identity provided by the foreign national, for example that an ID document has been found to be false or forged. The result of the disclosure shall be written down and included in the case documents.
4.4. Forwarding information to Landinfo, the Norwegian ID Centre, the National Police Immigration Service and Kripos
The first-line case officer is responsible for forwarding information that may be of interest to other agencies or departments, the NPIS, Landinfo, the Norwegian ID Centre, the Ministry of Foreign Affairs’ regional ID experts or Kripos. This could be reports that a special representative for immigration cases has prepared in connection with document control, or general information that has emerged in connection with individual cases. Examples of information that may be worth forwarding are trends as regards forgeries of one type of document or risk assessments for different countries and document types. If the case officer is in doubt about whether to forward something, they must consult the relevant entities or agencies.
4.5. Assessment of information obtained through control of persons or documents
The UDI’s case officers must be critical in their attitude to sources of information that may be of importance to the outcome of a case. This also applies to information obtained through controls and other information obtained via the police of foreign service missions. This is especially important when feedback to the UDI from sources abroad has only been passed on by the foreign service mission, without it assessing whether the information is correct.
4.6. Information about the UDI’s assessment relating to control of persons and documents
If the UDI has carried out investigations to clarify a foreign national’s identity beyond the first-line service’s controls, this must be stated in the file, see UDI 2012-009V1 Registrering av identitetsopplysninger i saker etter utlendingsloven (in Norwegian only). This is information that may be important in relation to subsequent case processing by the police, a possible future appeal or future applications for a permanent residence permit, residence certificate/card or citizenship. The case officer should consider including this information in a memo if it cannot be registered directly in the administrative system, so that it becomes available in future cases. In addition, the decision must state which investigations have been carried out, cf. UDI 2012-009 Avklaring av identitet (in Norwegian only) section 4.3.
5. Returning original documents from the police
The UDI would like to clarify the following as regards the police’s handling of original documents submitted in connection with applications etc.
The police shall not retain marriage certificates, nationality certificates, national ID cards or similar original documents for longer than is necessary for the processing of the individual case. The police must therefore, on their own initiative, return such original documents to the applicant or the applicant’s authorised representative, at the latest when notifying them of the decision. A copy of the document must be enclosed with the case documents. If the case processing takes a long time and the applicant needs the document before the case has been decided, the police must consider whether it is justifiable to return the document after having considered:
- how important the document is for the case processing,
- the arguments set out in the petition for returning the document, and
- how much time remains before the case can be expected to be decided
In protection cases, it is a clear general rule that passports or other travel documents submitted by the asylum seeker shall not be returned before the final decision has been implemented, ending in the asylum seekers either being issued a residence permit or being obliged to leave the country; see Proposition No 137 (Bill) to the Storting (2021–2022) "Endringer i utlendingsloven (visitasjon og undersøkelse i forbindelse med registrering av søknad om beskyttelse mv." (in Norwegian only), section 3.6. Nor must the foreign national’s passport or other travel document be returned if, at the same time as the residence permit, a travel document or an immigrant’s passport is granted pursuant to the Immigration Act Section 64.
Topic
- Work
- Protection (asylum)
- EU/EEA
- Family immigration
- Permanent residence permit
- Education and au pair
- Visa
Recipient
- The Norwegian Directorate of Immigration (UDI)
- The Norwegian police
- The foreign service missions
Owner
- UDI Control
Source of law
- Guideline