UDI 2012-005 Visa practice for the green group

1. Introduction

When considering visa applications, the case officer must determine whether the conditions in the Immigration Act Section 10 first paragraph, cf. the Visa Code Article 21 (external link), are met. Another factor in the assessment is whether immigration regulatory considerations indicate that a visa should not be granted, cf. the Immigration Act Section 10 second paragraph. In that connection, a concrete assessment must be made of general and individual circumstances that affect the applicant's likelihood of returning.

This memo provides guidance for the part of the case processing that concerns the assessment of the likelihood of return, and applies to nationals of the following countries:

Bahrain, Belize, Bhutan, Bolivia, Cape Verde, China, Fiji, Guyana, Indonesia, Jamaica, Kuwait, Lesotho, the Maldives, Mozambique, Namibia, Nauru, Oman, Papua New Guinea, Qatar, São Tomé and Principe, Saudi-Arabia, Eswatini, South Africa, Suriname, Vanuatu and Zambia.

2. Concrete, individual assessment of all applications

The immigration administration shall consider the immigration regulatory considerations that apply in each individual case. This means that, for each applicant, a concrete, individual assessment shall be made of whether the applicant will return to his or her country of origin/residence after visiting Norway/Schengen. If one or more conditions are not met, for example if there is doubt about the stated purpose of the trip, the application shall be rejected on these grounds, but the decision shall also comment on the return requirement. If all other conditions are met, the application shall nonetheless be rejected if there is reason to believe that the applicant will not leave the Schengen area when the visa expires.

3. General conditions

The case processing includes an assessment of the general conditions in the country or region the applicant is from or staying in. This assessment is necessary because a country's financial, social and/or political conditions are deemed to influence the population's emigration potential.

Based on the current level of conflict, the number of asylum applications to Norway and Schengen, the living conditions and the practice in other Schengen states, the UDI considers the emigration potential to Norway and Schengen to be generally very low for the countries mentioned above. This is also based on our experience of visa applicants from these countries in recent years. As a rule, visa applications from nationals of these countries will therefore be granted.

4. Stays in another country than the country of origin

If the applicant is not resident in his or her country of origin, the following must be clarified:

• the applicant's grounds for residence in the country in which he or she is staying
• the duration of the applicant's residence permit and whether it can be renewed
• how long the applicant has stayed in the country and how long the stay is expected to last
• whether the applicant has travelled to other countries before and during the stay

If it has been documented that the applicant is able to return to his or her country of residence after a visa visit to Norway/Schengen, the assessment of the general conditions shall be related to the applicant's country of residence. This also applies if the applicant's ability to return has only been substantiated, for example if an application has been submitted for renewal of a residence permit and the conditions for renewal are considered to be met.

If it is uncertain whether the applicant wants to or is able to return to his or her country of residence, the assessment of the general conditions shall primarily be related to the applicant's country of origin, or another (new) country of residence. In such case, the general conditions in the applicant's country of residence play a subordinate role, but must not be completely disregarded.

5. Individual circumstances

The applicant's specific situation in his or her country of origin/residence may further increase or reduce the likelihood of him/her returning after the visit. In this connection, consideration is given to the applicant's age, whether he or she is in employed and has a family, owns property and/or has financial/social obligations. It is also relevant whether the applicant has held a Schengen visa before and met the visa conditions, and whether members of the applicant's close family have emigrated.

Even if the applicant comes from a country where the general conditions indicate a very limited emigration potential, individual circumstances may nonetheless indicate that the applicant will not return after the visit. In such case, it must be considered whether social or welfare-related considerations apply. If that is the case, such considerations may be given more weight than general and individual circumstances affecting the likelihood of return, and a visa may be granted.

6. Social and welfare-related considerations

If we believe the applicant will return after the visit, social and welfare-related considerations will not be relevant. If there is doubt about whether the applicant will return, the purpose of the visit may nonetheless mean that the visa application will be granted. This requires the purpose of the visit to be documented or sufficiently substantiated. If that is not the case, the application must be rejected pursuant to the Immigration Act Section 10 first paragraph letter (b).

Welfare considerations are usually related to visits from family and friends, while social considerations are related to industry political and cultural interests and thus concern business travellers, tourists and participants at cultural events. How much weight such considerations shall be given for nationals of the above-mentioned countries is discussed below.

6.1. Visits from family

It shall be possible to receive visits from family. This consideration shall be given weight for visits from close family members and means, as a rule, that applications from this group shall be granted, even if individual circumstances indicate a low likelihood of return. It is not considered a weighty consideration for visits from more distant family members than cousins, aunts and uncles.

6.2. Visits from boyfriend/girlfriend

In order for a visit to a boy-/girlfriend to be considered a welfare reason, the couple must have previously met in person. The duration of the relationship - i.e how long the couple has known each other for, and how much time they have physically spent together (or lived together)- is a central part of this assessment.

6.3. Business travellers

It is considered important to safeguard the interests of Norwegian business and industry through contact with international business associates. A visa shall, as a rule, be granted when an invitation is presented. If the applicant is not meeting with a Norwegian company but participating in a trade fair or similar, confirmation from the event organiser shall be presented. If the applicant wishes to attend a conference that is open to everyone, this is not considered weighty welfare-related grounds, and the visa application shall, as a rule, be rejected.

6.4. Participants at cultural events

It must be considered whether the nature of the event indicates that it is important that the applicant can attend it, even if individual conditions indicate a low likelihood of return. In this connection, consideration shall be given to who the event organiser is, whether the applicant is intended to play a special role, and whether the applicant's participation concerns the interests of society.

6.5. Visits to non-profit, humanitarian or religious organisations

If social considerations apply, depending on the purpose of the visit, a visa can be granted. However, it must be considered whether the applicant will perform work during the visit and whether this will be covered by the rules for exemption from the residence permit requirement, cf. the Immigration Regulations Section 1-1. More detailed guidelines are provided in circular UDI 2011-032.

6.6. Tourists/friends

A visa may be granted even if individual circumstances indicate a low likelihood of return. An invitation must be presented for visits from friends. For tourists, consideration shall also be given to previous visits to other Schengen states and countries such as the UK, the USA, Japan and Australia.