UDI 2013-006 Offer of employment form

1. Introduction

This guideline regulates who is to use the offer of employment form, how the form shall be submitted to the immigration authorities, what information shall be provided on the form, cf. Section 6-9 first paragraph, second sentence, second alternative, of the Immigration Regulations, and on the use of authorised representatives.

2. In which cases is the offer of employment form used?

A residence permit can be granted to employees who are to perform work for an employer in Norway, cf. Section 23 of the Immigration Act. One of the conditions for a permit of this kind is that there is a specific offer of employment, cf. first paragraph letter (d) of the provision.

The employer who has made a specific offer of employment, shall present the necessary information about the employment relationship on the offer of employment form when the employee is to be employed as

• a skilled worker, cf. Section 6-1 first or second paragraph of the Immigration Regulations,
• a seasonal worker, cf. Section 6-3 of the Immigration Regulations,
• an unskilled Russian employee, cf. Section 6-4 of the Immigration Regulations,
• a Russian cross-border commuter, cf. Section 6-5 of the Immigration Regulations,
• a seaman, cf. Section 6-6 of the Immigration Regulations, or
• an employee covered by a group permit, cf. Section 6-7 of the Immigration Regulations

The immigration authorities drew up the offer of employment form and its purpose is for employers to provide the information necessary for the immigration authorities to consider whether the conditions for a residence permit are met. It is therefore important that all fields are completed, or that it is clearly stated that a question is not applicable. Further documentation related to the employment relationship shall only be enclosed when there is not enough space on the form to provide this information.

If the offer of employment changes while an application or appeal is under consideration by the immigration authorities, notification of this change must be submitted in the form of a new offer of employment form.

3. Case preparation in connection with the offer of employment form

The offer of employment form shall, like all other necessary documentation, accompany applications for residence permits pursuant to the above-mentioned provisions. An employment contract between the employer and employee cannot replace the offer of employment form requirement.

When the foreign service mission or police receive an application for a residence permit, they must ensure that the offer of employment form is enclosed, and that it is completed and signed by the employer and employee, cf. Sections 10-2 first paragraph and 6-9 of the Immigration Regulations.

The offer of employment form must be signed by both the employee and the employer. If an offer of employment form does not have the required signatures, an exemption from the signature requirement can nonetheless be made following a concrete assessment, cf. Section 6-9 first paragraph, second sentence of the Immigration Regulations. An employment relationship covered by the Basic Collective Agreement for the Civil Service, for example, can fall under this exemption provision. It can also be considered whether there are other documents in the case containing information about the employment relationship that bear the employee and employer’s signatures, such as a signed employment contract. The above-mentioned exemption can then be applied by disregarding the requirement that the offer of employment form shall be signed.

It may be expedient to contact the employer in some cases where the offer of employment form has not been enclosed. The case officer must in such cases stipulate a short deadline for forwarding the form. If the offer of employment form has not been presented by the stipulated deadline, the application shall, as a rule, be rejected.

4. Use of authorisations

The employer can authorise an advocate or other representative to act on his/her behalf. If such authorisation is given, the authorised person can sign the offer of employment form on the employer's behalf. However, the employer remains responsible for the information provided in the form in relation to the immigration authorities.

Applicants are entitled to be represented by a lawyer or other authorised representative at all stages of the case processing, see the Public Administration Act Section 12. Authorised representatives cannot, however, be used to meet the requirement that the applicant shall appear in person, cf. Section 10-2 fifth paragraph of the Immigration Regulations, and the requirement for the applicant’s signature on the offer of employment form, cf. Section 6-9 of the Immigration Regulations. For further information about authorisation in connection with applications for a residence permit, see UDI 2010-128.

Applicants can authorise their employer to submit an application for a residence permit on their behalf, cf. Section 10-3 first paragraph of the Immigration Regulations. In connection with suchapplications, the employer can sign the application or cover letter.