Topic
- Education and au pair
Source of law
- Guideline
-
Recipient
- The Norwegian police
- The foreign service missions
- The Norwegian Directorate of Immigration (UDI)
Owner
- The Managed Migration Department
Case number in UDISAK (archive system)
UDI 2012-015 Residence permits for au pairs
1. Introduction
This guideline concerns the conditions for being granted a residence permit as an au pair pursuant to the Norwegian Immigration Act Section 26 first paragraph letter a), cf. the Norwegian Immigration Regulations Section 6-25. The guideline applies to nationals of countries outside the EU and EFTA area.
2. What is the au pair scheme?
2.1. Definition of ‘au pair’
An au pair is a young person who temporarily lives with a host family, in exchange for certain services, in a country other than their own country of origin with the intention of acquiring knowledge of the culture and language of the country of residence, cf. Article 2 of the Council of Europe's European Agreement on au pair placements of 24 November 1969 (external link to coe.int), to which Norway has joined.
2.2. The purpose of the scheme
The purpose of the au pair scheme is cultural exchange, and the au pair must gain knowledge about Norway during their stay. This means that the au pair lives with and is part of a host family with a good knowledge of Norwegian language and culture, in order to gain a better understanding of Norway and Norwegian society.
Au pairs belong neither to the student category nor to the worker category, but to a special category that shares features with both these categories. Part of the au pair's stay is therefore linked to the au pair contributing to tasks at home in the form of light housework and childcare, in return for the au pair being introduced to Norwegian language and culture in the host family. See subsection 3.1.3 for a more detailed description of the au pair's duties.
To strengthen language skills, the au pair must also participate in compulsory Norwegian lessons. The au pair must also be given the opportunity to participate in leisure activities and have time to practice their religion.
The host family must treat the au pair as a family member and make arrangements for the au pair to be introduced to and familiarized with a new culture. The au pair can teach a foreign language to members of the host family, but this should not come at the expense of the au pair's opportunity to acquire knowledge of the Norwegian language.
In an assessment of whether the purpose of the residence permit has been fulfilled, the UDI will look at the relationship between the au pair and the host family. The relationship with other members of the household, such as a tenant or the like, will not be relevant in such an assessment.
2.3. Discontinuation of the au pair scheme from 15 March 2024
The au pair scheme is discontinued through regulations on changes to the immigration regulations (discontinuation of the au pair scheme) (external link to Norwegian text at lovdata.no).
The discontinuation means that a first-time residence permit as an au pair can only be granted when the foreigner has registered an electronic application online and booked an appointment to submit a complete application for a residence permit no later than 15 March 2024, cf. the amending regulation Roman numerals II.
During the discontinuation period, residence permits for au pairs can still be renewed for a total of two years from the first day of validity of a first-time residence permit as an au pair, cf. section 6-25 of the Immigration Regulations.
3. Conditions for being granted a residence permit as an au pair
The conditions described in this chapter apply to applications for a first-time residence permit as an au pair when the foreigner has registered an electronic application online and has booked an appointment to submit a complete application for a residence permit no later than 15 March 2024.
If the foreigner has registered an electronic application online or booked an appointment to submit a complete application for a first-time residence permit as an au pair after 15 March 2024, a residence permit as an au pair cannot be granted.
The conditions in this chapter also apply to applications for renewal, see also chapter 6 of the guidelines.
The conditions described in this chapter apply to applications for a first-time residence permit as an au pair when the foreigner has registered an electronic application online and has booked an appointment to submit a complete application for a residence permit no later than 15 March 2024.
If the foreigner has registered an electronic application online or booked an appointment to submit a complete application for a first-time residence permit as an au pair after 15 March 2024, a residence permit as an au pair cannot be granted.
The conditions in this chapter also apply to applications for renewal, see also section 6 of the guidelines.
3.1. Requirements of the stay
The Directorate of Immigration (UDI) stipulates the requirements concerning cultural exchange for the au pair contract, cf. the Immigration Regulations Section 6-25 first paragraph. The conditions of the contract have been drawn up in accordance with the Council of Europe's European Agreement of 24 November 1969 on 'au pair' placement (external link to coe.int), plus the Norwegian Holidays Act (external link to Norwegian text at lovdata.no). The conditions that apply to au pair placements are stated below.
3.1.1. Mandatory cultural exchange contract
The applicant and the host family must use UDI's "Contract on cultural exchange between au pair and host family". The contract must be signed by the applicant and the host parent/s. UDI does not accept contracts other than this one. The host family and the applicant cannot enter into additional contracts that violate the terms of UDI's contract on cultural exchange. The contract must specify the period for which the au pair's stay will last.
For first-time applicants applying from Norway, the obligations of the au pair contract apply from the date the residence permit for the au pair is granted by UDI. For first-time applicants who apply from abroad, the obligations of the au pair contract apply from the date of moving in with the host family.
The contract is available on the UDI’s website (external link).
3.1.2. Requirements for one host family
The au pair can only have one host family. A residence permit for an au pair does not give access to being an au pair for host families other than those stated in the residence permit. It is also not permitted for the au pair to take work for other employers or private individuals, cf. the Immigration Regulations section 6-33 first paragraph. This applies regardless of whether this work is paid or not.
If the au pair wishes to change host families, he or she must submit a new application for a residence permit, see subsection 6.4.
3.1.3. Duties of the au pair
The tasks of an au pair must at all times correspond to the main purpose of the residence permit, see subsection 2.1. The host family must treat the au pair as a family member. An au pair must participate in the host family's daily tasks at home. The daily tasks should be light housework.
Lighter housework means, among other things:
- looking after the host family's children
- looking after pets
- light cooking
- vacuuming
- clearing
- load and empty the dishwasher
This list is not exhaustive.
Tasks that involve heavier physical work such as thorough house cleaning, washing the host family's car, heavy farm work, gardening and cleaning the garage may fall outside what constitutes light housework. Furthermore, tasks that are initially considered to be easier tasks may fall outside what constitutes lighter housework if the overall amount of tasks is extensive. The au pair's tasks shall not include caring for host parents or the host family's children with special needs, or the host family's relatives. What tasks the au pair will have in the host family must be clearly stated in the au pair contract. The host family is obliged to create a detailed overview of what a normal week for the au pair should be like. The overview must contain information about time use and tasks, as well as information about participation in Norwegian courses, see subsection 3.1.7.
Violation of the rules regarding the au pair's duties may result in exclusion from the au pair scheme, cf. Immigration Act section 27 b.
3.1.4. Working time
Only a limited part of the au pair's stay must include work. The tasks of an au pair must not exceed 6 hours per day, and can amount to a maximum of 30 hours per week. Tasks that extend beyond this, amount to a breach of the residence permit. An au pair must not perform tasks at night. This means that an au pair must not perform tasks in the period from 21:00 until 06:00 the following day. If, due to unforeseen events, the au pair has to assist the family with tasks at night, this will not necessarily constitute a breach of working hours if it is an isolated incident. Routine work at night, such as weekly childcare without the host parents being at home, constitutes a breach of working hours.
If both host parents or a single host parent have occupations that involve rotation and shift work, it must be ensured that the au pair does not carry out tasks at night.
Examples of such professions are:
- doctor
- pilot
- cabin crew
- offshore works
- nurse
- cook
This list is not exhaustive.
Violation of the rules on working hours may result in exclusion from the au pair scheme, cf. Immigration Act section 27 b.
3.1.5. Leisure and holidays
The au pair must have a minimum of one day off (24 hours) per week, and at least one such day off per month must be a Sunday. In addition, the au pair must have at least one fixed afternoon off each week. The au pair must be given sufficient time to participate in leisure activities and compulsory Norwegian education, see subsection 3.1.7.
The au pair will also have the opportunity to expand their cultural and professional knowledge. In addition, the au pair must be given full opportunity to practice their religion. The au pair is entitled to a minimum of 25 working days of holiday each calendar year, cf. section 5 of the Holiday Act (external link). All days that are not Sundays, 1 May, 17 May and other public holidays according to Section 2 of the Public Holidays Act are considered working days.
If the au pair starts working as an au pair with the host family before 30 September, the au pair is entitled to a full holiday. If the au pair starts after 30 September, the au pair is entitled to 6 working days' holiday. The same rules apply in the event of a change of host family, as long as the au pair can document that the holiday has not been completed with the previous host family.
3.1.6. Insurance
The host family must pay insurance for the au pair. The insurance must cover illness, injury or possible death.
The insurance must cover the au pair's journey home in the event of illness or injury when the au pair can no longer fulfill the contract, and after the au pair has received the necessary medical treatment. In the event of the au pair's death during the contract period, the insurance must cover all costs associated with the return of the au pair's remains and personal belongings. If returning the au pair's remains is not possible, the au pair's next of kin must be contacted through the embassy in the au pair's home country.
The insurance can be taken out in the entire EU/EEA area. The insurance must be taken out for the entire period for which a residence permit is applied for, and it must be covered in its entirety by the host family. The au pair cannot be ordered to cover part or all of the insurance sum through deductions from pocket money or other reimbursement agreements. The insurance is linked to the host family's au pair.
If the au pair contract is terminated before the original contract period expires, the insurance can be terminated after the end of the notice period. If the host family subsequently wants reimbursement of expenses in connection with the insurance, the host family must contact the insurance company. UDI cannot assist with insurance settlements.
In the event of a change of host family, the new host family becomes responsible for taking out new insurance for the au pair. The insurance obligations of the old host family will then cease. The time for changing the host family is regulated in more detail in subsection 6.4.
Failure to take out insurance is against the au pair contract. The host family is then responsible for covering the au pair's journey home in the event of illness, injury or death.
3.1.7. Norwegian course
The host family must pay for the compulsory Norwegian course and necessary study materials for the au pair with a certain minimum amount, see appendix 1 (only available in Norwegian). The host family must cover the au pair's necessary travel expenses in connection with the completion of the Norwegian course. The person who will teach the au pair Norwegian must have professional and pedagogical competence. Norwegian teaching must take place at an established study institution or course location.
The au pair must be given sufficient time to participate in compulsory Norwegian education. With sufficient time, it is indicated here that, in addition to actual participation in the Norwegian course, the au pair should be given the opportunity to make preparations in advance and follow-up after the course days. It is emphasized that participation in Norwegian teaching and associated preparations and follow-up work is a task on the same level as other tasks, see sub-chapter 3.1.3.
When submitting an application, information about the Norwegian exchange rate must be filled in in the au pair contract. Furthermore, the host family and the au pair must confirm that the information they provide is correct, and that they are aware of the consequences of not registering and participating in Norwegian education. With consequences, it is pointed out here that failure to register for Norwegian courses constitutes a breach of the au pair contract, and may result in exclusion from the au pair scheme for the host family, cf. the Immigration Act section 27 b. Furthermore, failure to participate in Norwegian courses on the part of the au pair also constitutes a breach of the au pair contract. This may result in the revocation of the residence permit.
3.1.8. Pocket money and entertainment
The au pair must be guaranteed sustenance and accommodation throughout the stay with the host family, cf. the Immigration Act section 58. This requirement is considered fulfilled if the au pair is guaranteed free board and lodging as a minimum and receives pocket money as stated in appendix 1 of the Guidelines (only available in Norwegian), cf. the Immigration Act § 58.
The amount for pocket money must be stated gross (before tax). The au pair is liable for tax, and must pay tax on income above the amount of the free card. This also applies to the receipt of board and lodging, where the au pair must be deducted according to the Tax Agency's rates.
It is the host family that is responsible for deducting tax from the au pair's pocket money, cf. Tax Payments Act section 5-4 first paragraph (external link), cf. § 5-1 second paragraph (external link). For further information, see the Tax Agency's website (external link).
Failure to pay tax is a breach of the residence permit and can lead to exclusion from the au pair scheme, cf. the Immigration Act section 27 b.
The Holiday Act applies to the payment of holiday pay to the au pair. Holiday pay is calculated on the basis of remuneration paid in the earning year, and this constitutes the preceding calendar year, cf. section 10 of the Holiday Act (external link), cf. section 4 (external link). If the au pair contract is terminated before the expiry of the residence permit, the host family is obliged to pay holiday money that has been earned by the host family upon termination of the au pair contract, cf. the Holiday Act § 11 (3).
3.1.9. Accommodation
The au pair must have guaranteed accommodation (lodging) that meets official requirements during the au pair's stay, cf. the Immigration Act section 58. There is also a requirement that the au pair live with the host family during the entire stay and have their own room.
Living with the host family means living with the host family in their primary residence or on the host family's property, including the family's plot. The au pair cannot live with a girlfriend, boyfriend, friends or family members.
3.1.10 Termination or cancellation of the contract
The contract can be terminated by either party with one month's notice. The notice period runs from and including the day the notice reaches the other party. The termination must be in writing. The host family cannot dismiss the au pair without a valid reason. This means that the host family cannot dismiss the au pair for any trivial matter. Relational conditions can provide grounds for dismissal. The au pair is not obliged to give reasons for termination.
Both parties can terminate the contract with immediate effect if the other party has been guilty of gross breach of their obligations under the contract or other significant breach of the contract.
The host family and the au pair must notify the local police district or the UDI if the contract is terminated before the au pair's residence permit expires. Termination of the contract does not mean that the au pair must immediately leave Norway, see the Guidelines section 7.
3.1.11. The au pair's return
The host family must cover the au pair's necessary travel costs in connection with the return journey. If the au pair changes host family during their stay in Norway, the obligation is transferred to the new host family. See subsections 6.3 and 6.4 on renewing residence permits for au pairs and changing host families for information on when the obligations of the au pair contract are transferred to the new host family. It is nevertheless noted that in some cases the au pair will have to be responsible for covering the expenses associated with their own journey home. This applies to cases where the au pair contract has been terminated before the end of the original contract period, the notice period according to the au pair contract has expired and the au pair has not changed host families. This also applies in cases where the au pair has moved in with a new host family, but has not registered an application online or booked an appointment with the police, see subsection 6.4.
The host family's obligation to pay for the return journey ceases if the au pair applies to stay in Norway on a residence basis other than as an au pair, or if the au pair wishes to return to a country other than their home country. Necessary travel expenses mean the travel expenses the au pair has to travel home by the cheapest means of travel. The au pair shall not be required to cover part or all of the journey from Norway by drawing pocket money.
3.2. Requirements of the au pair
3.2.1. Age
It is a condition that the au pair is between 18 and 30 years old. This means that the au pair, at the time of application, must have turned 18 but not have turned 30.
When applying for a renewed residence permit for an au pair, a residence permit can be granted even if the au pair has turned 30.
3.2.2. Children
If the au pair has children, as a general rule, a residence permit cannot be granted. This restriction has been set to ensure that the purpose of the au pair scheme is safeguarded.
Exceptionally, a residence permit may still be granted even if the au pair has had a child, if the au pair does not have legal parental responsibility towards the child(ren). In that case, this must be documented.
The decisive factor is therefore not whether the au pair has had a child, but whether he or she actually has legal parental responsibility for the child(ren).
3.2.3. Marital status
As a general rule, the au pair's marital status has no impact on whether a residence permit can be granted to an au pair. There will normally therefore be nothing to prevent the au pair being married.
If the au pair moves from the host family to live with a spouse, girlfriend og boyfriend, this will, on the other hand, have an impact on the au pair's stay. In such cases, the housing requirement in subsection 3.1.9 will no longer be met.
3.2.4 Return conditions
An au pair residence permit is a permit of limited duration and does not form the basis for a permanent residence permit. This entails a clear requirement that the au pair must leave Norway when the permit expires. A central assessment theme for whether a residence permit can be granted to an au pair is therefore that the applicant must fulfill the requirement for return.
Both individual circumstances relating to the au pair and general conditions in the au pair’s home country will be important in this assessment.
In the individual assessment, UDI will, among other things, emphasize:
- whether the applicant has previously applied for a residence permit as au pair or on other grounds the last three years
- whether the applicant clearly states in the application that he or she does not intend to leave Norway before the residence permit expires
- whether several close family members of the applicant have emigrated to Norway. Close family members here mean parents, siblings and spouse/cohabitant/partner
In the general assessment, UDI will, among other things, emphasize:
- the social and economic situation in the applicant's home country/region
- experiences with au pairs from the applicant's home country
The above lists are not exhaustive.
If, on the basis of a general and individual assessment, the UDI finds it likely that the applicant will not leave Norway by the end of the au pair stay, the application shall be rejected.
Residence permits in countries other than Norway will not be given weight in the return assessment.
3.3. Requirements of the host family
3.3.1. Who can be a host family?
Host family means married couples, partners or cohabitants with or without children, or single parents with children. There is a requirement that single parents have a minimum of 50 per cent of the daily care for the children. The percentage of care must be documented, for example through a visitation agreement or documentation from a public authority that shows that you have sole care for the children. Single people without children cannot be a host family.
In the event of a break-up, a new application for a residence permit must be submitted if the au pair wishes to continue as an au pair for one of the host parents. Care percentage for the children must be documented. Host parents who do not have children, or who do not have a sufficient care percentage for children, will in such cases no longer be able to be a host family.
Other members of the household, for example tenants, are not considered part of the host family. They will therefore not be given any weight in the assessment of whether the family meets the requirements to be a host family.
3.3.2. Relationship between the au pair and the host family
You cannot be an au pair with your own family members in the direct ascending or descending line or with siblings, cousins, parents-in-law, brothers-in-law or uncles/aunts. Nor can an au pair be married, cohabiting or dating any of the host parents or the host parents' adult children at the time of application.
3.3.3. Dissemination of the Norwegian language and society
The host family must have good knowledge of Norwegian society and use Norwegian as the main language in the family's daily life. The host family must speak Norwegian with the au pair.
A residence permit for an au pair can be granted even if one or more of the host family has foreign origin or citizenship. The decisive factor in the assessment of whether a residence permit can be granted will always be whether the au pair will gain a good knowledge of the Norwegian language and daily life by living with the host family.
As a general rule, the au pair's and host parents' countries of origin must be different. This restriction is provided to ensure that the purpose of the au pair scheme is fulfilled.
Exceptions can be made to the general rule that the country of origin of the au pair and the host parents must be different. Below are some examples of when exceptions to the general rule can be made.
Example 1: One host parent has the same country of origin as the au pair, the other host parent is Norwegian
A residence permit can exceptionally be granted even if one of the host parents' country of origin is the same as the au pair's. This assumes that it is probable that the host family speaks Norwegian in daily life.
Example 2: Both host parents are of foreign origin
A residence permit can exceptionally be granted when both host parents are of foreign origin.
This assumes that
- one host parent's country of origin is different from the au pair's country of origin, and that
- it is probable that the host family speaks Norwegian in daily life.
In cases where the host family only consists of one adult and a child, a residence permit is not granted if the host parent has the same country of origin as the au pair.
In the assessment of whether the requirement for dissemination of Norwegian language and society has been met, emphasis can be placed, for example, on the host parent's residence in Norway, the host family's other communication with the immigration authorities or documentation of completed Norwegian education.
3.3.4. One au pair per host family
A host family can only have one au pair according to the Immigration Regulations section 6-25 at a time. Otherwise, other employment relationships in the family's private home will not be relevant in the assessment of whether a residence permit can be granted to an au pair.
However, it will not be contrary to the requirement for one au pair at a time if the host family's outgoing au pair and incoming au pair have an overlap of a maximum of 14 days. The overlap must take into account any practical challenges, such as returning home for outgoing au pairs.,
3.3.5. The host family must complete e-learning courses for host parents
At least one of the host parents must have completed an e-learning course for host parents before a residence permit can be granted to the au pair. The course certificate is valid for 18 months from the date the course is completed, and the course certificate must be attached to the application. The course is conducted via UDI.no (external link).
3.3.6. The host family cannot be excluded from the au pair scheme
A residence permit cannot be granted to an au pair if one or both host parents are banned from the au pair scheme according to the Immigration Act section 27 b. Nor can a residence permit be granted to an au pair whose application has been put on hold to clarify whether the host family should be banned from the au pair the pair scheme, cf. the Immigration Regulations section 6-25 third paragraph. If a host family has an au pair at the time the host family is banned from the au pair scheme, the permit for this au pair must be revoked. This does not mean that the au pair must immediately leave Norway, see the Guidelines section 7.
4. Content and duration of the permit
The permit entitles the holder to work as an au pair for a specific host family, cf. the Immigration Regulations Section 6-33 first paragraph.
A residence permit is granted for up to two years, cf. the Immigration Act Section 60 first paragraph, the Immigration Regulations Section 10-16 fourth paragraph. However, the duration of the permit will not exceed the period applied for, cf. the Immigration Regulations Section 10-16 fifth paragraph.
The residence permit does not form the basis for a permanent residence permit, cf. the Immigration Regulations section 6-25 second paragraph, or family immigration, cf. the Immigration Act Section 49, cf. the Immigration Regulations Section 9-6. A foreign national cannot hold residence permits as an au pair for more than two years in total.
5. Application procedures
5.1. Who can submit an application for a residence permit?
5.1.1. The au pair submits the application
The au pair must apply for a permit him/herself, cf. the Immigration Regulations Section 10-2 third paragraph.
The host family cannot submit the application on behalf of the au pair, cf. the Immigration Act Section 56, cf. the Regulations Section 10-3, cf. the Regulations Section 6-9 second paragraph. The au pair can provide a written authorisation for the host family, so that it can act on his/her behalf later in the application process. This means that enquiries from the immigration authorities will be addressed to the host family and that it will be given access to information in the case, cf. the Public Administration Act Section 12. An authorisation can be provided by filling in the power of attorney form (external link to UDI.no).
5.2. Where to submit an application
5.2.1. Main rule: The application shall be submitted in the au pair’s home country
As a rule, a first-time residence permit must have been granted prior to entry into Norway, cf. the Immigration Act section 56 first paragraph. This means that the au pair must submit his/her application to a Norwegian foreign service mission (embassy/general consulate) in the country of which the au pair is a citizen, or to a Norwegian foreign service mission in the country in which the au pair has held a residence permit for the past six months, cf. the Immigration Regulations Section 10-2 third paragraph. If the application is submitted from another country than the au pair’s home country, it must be documented that he/she has held a valid permit in the country in question for the past six months.
The condition that the au pair cannot enter Norway until he/she has been granted a residence permit also applies if the au pair is going to spend a holiday here or get to know the host family before the au pair placement starts. If the au pair enters Norway before a permit has been granted, the application will, as a rule, be rejected pursuant to the Immigration Act Section 56, cf. the Immigration Regulations Section 10-1 fifth paragraph. If relevant, the au pair must, after departing, submit a new application via a Norwegian foreign service mission in his/her home country. If the applicant travels to Norway before a residence permit is granted, the au pair may also be rejected pursuant to the Immigration Act Section 17 first paragraph letter d.
Exceptionally, applicants with a valid Schengen visa or a valid residence permit in another Schengen country can enter Norway before a residence permit has been granted. In addition, the applicant must be able to document that he or she has competence as a skilled worker, cf. the Immigration Regulations section 6-1 first paragraph. This is a prerequisite for the applicant to be able to stay in Norway while the application for a residence permit is being processed, cf. the Immigration Regulations Section 10-1 first paragraph letter a. In such cases, on the other hand, the applicant is not permitted to work as an au pair before a residence permit has been granted, cf. the Immigration Act section 55 first paragraph, cf. the Immigration Act Section 17 first paragraph letter d.
5.2.2. Exceptions: Right to apply for a residence permit from Norway
Applicants who can document skilled worker qualifications, cf. the Immigration Regulations Section 6-1, can apply for a residence permit from Norway, cf. the Immigration Regulations Section 10-1 first paragraph letter a.
"Skilled worker" means that the applicant has vocational education at least corresponding to upper secondary level, a craft certificate, university college or university education or special qualifications (work experience, courses or other training that corresponds to the aforementioned education), cf. the Immigration Regulations Section 6-1.
It is also a condition for being entitled to submit an application from Norway that the applicant has legal residence and that he/she is not staying in Norway in connection with an asylum application or pending departure after receiving a rejection to an asylum application, cf. the Immigration Regulations Section 10-1 third paragraph.
The applicant must submit his/her application to the police in the district in which he/she lives, cf. the Regulations Section 10-2 fourth paragraph.
5.3. Fees
To have an application for a residence permit as an au pair processed, the applicant must pay a fee on submission of the application, cf. the Immigration Act section 89, cf. the Immigration Regulations Section 17-10 first paragraph.
The immigration authorities will return the application to the applicant without processing it (i.e. reject the application) if the fee has not been paid, cf. the Immigration Regulations Section 10-2 eighth and ninth paragraphs.
5.4. Documentation requirements
5.4.1. Application form
Applications for residence permits must be submitted on the electronic form "Application for residence permits for au pairs". The form is filled out in the Application Portal (external link). All sections in the form must be filled in. Upon completion of registration of the electronic application, the applicant will receive a covering letter by e-mail. This cover letter must be signed by the applicant and attached to the application.
5.4.2. Other documentation
The foreign service mission (embassy/consulate general) or the police must make sure that the applicant has completed the relevant document list and submitted all documents in compliance with this list.
The document lists are available on UDI’s internet page:
- Au pair (external link) – You must submit these documents when you apply for a residence permit
Official documents (diplomas, certificates, etc.) must be presented in original versions for the foreign service mission (embassy/consulate general) or the police, but must not be attached to the application. Only copies, confirmed by the foreign station (embassy/consulate general) or the police, must be attached to the application. Along with the application, a translation of the documents into Norwegian or English by an authorized translator must also be attached.
5.5. Power of decision
First-time applications for a residence permit as an au pair are decided by the UDI, cf. the Immigration Act Section 65.
6. Renewal of au pair residence permits
6.1. Definitions
An au pair's residence permit can be renewed as long as the total length of stay does not exceed 2 years. See subsection 6.6.
In the au pair context, the term "renewal" includes two types of cases.
Renewal may include cases where the au pair wishes to renew the residence permit because the original residence permit was granted for a shorter period of time than two years. Such a renewal can be granted for the same or a new host family. See subsection 6.3.
Renewal can also include cases where the au pair wishes to change host families during the stay. See subsection 6.4.
6.2. Conditions for renewal
The permit can be renewed provided that the conditions for being granted a residence permit as an au pair are still met, cf. the Immigration Act Section 61. The permit can be renewed even if the au pair has turned 30 at the time of application.
6.3. Renewal application procedures
6.3.1 How to apply for renewal?
An application for renewal of a residence permit is submitted on the electronic form "Renewal of residence permit as au pair", cf. section 10-27 of the Immigration Regulations. The form is filled out in the Application Portal (external link).
When applying for the renewal of a residence permit, a processing fee must also be paid. The fee is paid at the same time as registration of the application in the Application Portal, see subsection 5.3.
When renewing a residence permit, the au pair and the new host family must sign UDI's standard contract for cultural exchange, see subsection 3.3.1. Documentation of the host parents' nationality must also be attached.
The application for renewal of a residence permit must be submitted to the police district where the au pair lives, cf. the Immigration Regulations section 10-27 first paragraph. If the au pair's police district changes during the renewal, the application must be submitted to the police district to which he or she will move. As a general rule, there is a requirement for personal attendance, cf. the Immigration Regulations § 10-27 second paragraph.
6.3.2. Rights when applying for renewal
An au pair who applies for renewal of his/her au pair residence permit may be granted continued residence on the same conditions until the application has been decided. This requires that he or she applies no later than one month before the current residence permit expires and that the residence permit can be renewed, cf. the Immigration Act section 61 sixth paragraph.
If the au pair applies for renewal of a residence permit later than one month before the current residence permit expires, the police or UDI must assess whether the au pair can be granted continued residence under the same conditions. In the assessment, emphasis must, among other things, be placed on whether the application can be presumed to have been approved, cf. the Immigration Regulations section 10-25. As a general rule, this group will also be entitled to residence under the same conditions until the application for renewal of the residence permit has been processed.
If the au pair applies for the renewal of a residence permit that cannot be renewed or applies for a residence permit again on factual or legal grounds, he or she will not have the right to residence under the same conditions and give an answer to the new application. This means that the au pair cannot act as an au pair during application processing.
6.3.3. Rejection of application for renewal
A rejection of an application for renewal of a renewable residence permit which has been submitted at least one month before the permit expires cannot be enforced until the decision is final, cf. the Immigration Act Section 90 third paragraph. This means that the au pair is not obliged to leave Norway as stipulated by the rejection decision, but that he/she can stay in the country until the appeal has been finally decided by the Immigration Appeals Board (UNE).
If the au pair applies for renewal of a permit that is not renewable, this application is considered to be a new first-time application. As a rule, the au pair will not be entitled to deferred enforcement if he/she receives a rejection to such an application.
Rejection decisions can also be subject to deferred enforcement pursuant to the Public Administration Act Section 42 (external link).
6.4. Application procedures when changing host families
As long as the au pair holds a valid permit, he/she can submit an application for a permit for a new host family at any time. Such applications are processed pursuant to the rules relating to renewal, cf. the Immigration Act section 61 first and seventh paragraphs.
An au pair who wishes to change host families will, as a general rule, also be entitled to residence under the same conditions, even if he or she has not had legal residence pursuant to a previous residence permit for at least the last nine months, cf. the Immigration Act section 61 seventh paragraph first sentence. The reason for this is that an au pair should not have to stay in an au pair relationship when he or she does not want to.
An application for a change of host family is submitted on the electronic form "Renewed residence permit as au pair". The form is filled out in the Application Portal.
When applying for a change of host family, a processing fee must also be paid. The fee is paid at the same time as registration of the application in the Application Portal, see subsection 5.3.
When changing host families, the applicant and the new host family must sign UDI's standard contract for cultural exchange, see section 3.1.1. Documentation of the host parents' nationality must also be attached.
The applicant delivers the contract and other documentation to the police in the district in which he or she lives. As a general rule, there is a requirement for personal attendance, cf. the Immigration Regulations section 10-27 first paragraph.
The applicant can move in with the new host family and carry out tasks in accordance with the new contract as soon as the application for a renewed residence permit has been registered in the Application Portal and the fee has been paid and an appointment has been made with the police, cf. Immigration Regulations section 10-25 a. This is justified in that an au pair should not have to stay in an au pair relationship when he or she does not want to. In such a case, the obligations of the au pair contract will apply from the time of moving in with the new host family. If an application for a renewed residence permit has been registered in the Application Portal and the fee has been paid and an appointment has been made with the police, but the au pair lives with his old host family until the termination period, the obligations of the au pair contract apply on the stated start date in the au pair contract with the new host family.
6.5. Power of decision relating to renewal
The police are authorised to process applications for renewal for both the same and for a new host family, insofar as there is no doubt that the conditions for renewal are met, cf. the Immigration Act Section 65, cf. the Immigration Regulations Section 13-2 first paragraph and UDI 2010-089 Politiets vedtaksmyndighet og mulighet til å avvise søknader (only available in Norwegian).
However, as a rule, the police do not have power of decision if the au pair changes host families and one or both of the new host parents' country of origin is not Norway.
Such applications, as well as applications where there is doubt as to whether the conditions for a renewed residence permit have been met, must be sent to the UDI for processing.
If a change of host family leaves a period of the au pair's current residence permit, this must be revoked, see the guidelines section 7 on revocation of a residence permit.
The au pair's residence permit must also be considered for revocation if the au pair applies for a residence permit on other grounds, and there are more than three months remaining on the current residence permit as an au pair.
The police should make a decision on the application for renewal, if possible, before sending the case file to UDI for assessment of revocation of the current residence permit.
6.6. Duration and content of renewed permits
In the same way as for first-time decisions, a decision to renew a permit shall be based on the applicant working as an au pair for a specific host family, cf. the Immigration Regulations Section 10-24 (see Chapter 4 on the content and duration of the permit).
A renewed permit is normally valid from the expiry date of the previous permit, cf. the Immigration Regulations section 10-24 second paragraph. This applies even if the immigration authorities do not make a decision until after the previous permit has expired.
If the renewed permit applies to a new host family and it is granted before the previous permit expires, the permit shall, as a rule, be valid from the decision date, cf. the Regulations Section 10-26 first paragraph.
Residence permits for au pairs cannot be granted for more than a total of two years, cf. the Immigration Regulations section 6-25. A renewed residence permit cannot therefore be granted for a longer duration than that the previous residence and renewed residence add up to two years. If the au pair is granted a residence permit so that he or she receives a residence permit for a total of two years, it must be stated in the decision that the residence permit cannot be renewed. Stay with a new host family during the case processing must be included in the calculation of the total duration of stay as an au pair, cf. the Immigration Regulations section 10-25a.
7. Revocation of a residence permit
7.1 When can a residence permit be revoked?
A residence permit as an au pair can be revoked if the au pair deliberately provided incorrect information or omitted to provide information about matters of material importance to the decision, or if it otherwise follows from general provisions of administrative law, cf. the Immigration Act Section 63 first paragraph.
A decision to revoke a permit is made by the UDI, cf. the Act Section 65 first paragraph.
The Directorate of Immigration shall notify the applicant in advance that they are considering revoking the permit. The au pair shall be given an opportunity to make a statement, normally within three weeks, cf. the Public Administration Act Section 16 (external link).
In cases where the permit is to be revoked because the au pair has been granted a permit to work for a new host family before the previous permit expires, the UDI will decide to revoke the permit without prior notification, cf. the Public Administration Act Section 16 third paragraph letter c.
The au pair's residence permit must also be considered for revocation if the au pair applies for a residence permit on other grounds, and there are more than three months remaining on the au pair's current residence permit.
7.2 Rights in case of revocation
A decision to revoke a residence permit cannot be implemented before the decision has become final, cf. the Immigration Act section 90 fourth paragraph. This means that the au pair is not obliged to leave Norway as stipulated in the revocation decision, but that he or she can still stay in Norway until the complaint is finally processed by the Immigration Appeals Board (UNE).
8. Appeal
Rejection of an application for a residence permit as an au pair can be appealed pursuant to the rules in the Public Administration Act Chapter 6 (external link). The au pair must submit the appeal himself/herself.
The appeal must be submitted to UDI. It can be scanned and sent electronically by uploading it to the application portal. The appeal can also be sent to UDI by post.
Similar rules apply to decisions on revocation.
Topic
- Education and au pair
Recipient
- The Norwegian police
- The foreign service missions
- The Norwegian Directorate of Immigration (UDI)
Owner
- The Managed Migration Department
Source of law
- Guideline