UDI 2012-006 Visa practice for the yellow 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:

Angola, Armenia, Benin, Botswana, Cambodia, Dominican Republic, Ecuador, Equatorial Guinea, Gabon, India, Jordan, Kazakhstan, Kenya, Laos, Madagascar, Malawi, Mongolia, Philippines, Sri Lanka, Tanzania, Thailand, Vietnam and Zimbabwe.

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 that there is generally an emigration potential to Norway and Schengen for the countries mentioned above. Some visa applications from nationals of these countries are therefore rejected. This is also based on our experience of visa applicants from these countries in recent years.

4. Stays in a country other 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 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.

When the applicant comes from a country where the general conditions indicate an emigration potential, individual circumstances may 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

6.1.1. Parents/children of the reference person in Norway

It shall be possible for parents and children to visit their family in Norway. This consideration shall be given weight and means, as a rule, that their visa applications shall be granted, even if individual circumstances indicate a low likelihood of return.

6.1.2. Spouse/cohabitant of the reference person in Norway

It shall be possible for spouses/cohabitants to visit their family in Norway. This consideration shall be given weight and shall, as a rule, mean that their applications will be granted. The length of the relationship is an important factor in the assessment, however; the longer it has lasted, the more weighty welfare considerations apply. If the spouses have only had contact online before they got married, this will not be included in the calculation of the length of the relationship.

Cohabitants must document that they have lived together and been a couple for at least two years in order for the relationship to be included in the cohabitants category.

6.1.3. Siblings, grandparents/grandchildren of the reference person in Norway

As a general rule, visas can be granted unless the individual circumstances indicate a
very low likelihood of return.

6.1.4. More distant relatives of the reference person in Norway

A visa can be granted if the applicant has a relatively strong likelihood of return. A relevant factor in the assessment is whether the visit is linked to a special occasion.

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

If the nature of the event indicates that it is important that the applicant can attend it, a visa shall, as a rule, be granted, even if individual circumstances 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 UDI 2011-032.

6.6. Friends/tourists

Welfare considerations do not apply to visits from friends.

If it is documented that the applicant’s financial situation is very favourable, social considerations may be decisive in the case of tourists, even if other individual conditions indicate a low likelihood of return. In such case, a visa may nonetheless be granted.