UDI 2014-018 Residence permit for skilled workers

1. Introduction

This guideline details the conditions for being granted a residence permit as a skilled worker etc. pursuant to section 23 of the Immigration Act and section 6-1 second paragraph of the Immigration Regulations. For information about the conditions for being granted a residence permit pursuant to the second paragraph of the provision (‘more stringent competence requirements’), see UDI 2011-046 Residence permits for religious leaders and teachers.

This guideline also describes the conditions for residence permits for athletes and coaches, and for employees of staffing agencies.

For a more detailed description of the requirement for a residence permit for work according to section 55 of the Immigration Act and the exemptions from the requirement for a residence permit, we refer to UDI 2011-032 Exemptions from the requirement for a residence permit.

2. General conditions for residence permits

2.1. Requirement concerning subsistence and accommodation

Means of subsistence and accommodation are required in order for a residence permit to be granted to skilled workers, cf. section 58 of the Immigration Act.

Means of subsistence is deemed to be secured when the foreign national has sufficient funds. Income from employment is sufficient when it amounts to at least 2.5 times the basic amount in the Norwegian National Insurance Scheme (G). This amount applies as the means of subsistence requirement according to Instruction GI-17/2020.

Income from full-time work, i.e. 100% position, is still considered sufficient, cf. section 10-7 first paragraph letter a of the Immigration Regulations, even if the income is lower than 2.5 G. It is a prerequisite that the salary concerned is in accordance with a collective agreement or pay scale.

Accommodation is deemed to be ensured when the foreign national has the use of a house, apartment, bedsit etc. that satisfies official requirements. If the accommodation is rented, a written lease must be presented that is approved by the landlord, housing cooperative or other party having the accommodation at its disposal, cf. section 10-12 first and second paragraphs of the Immigration Regulations.

2.3. Requirement concerning foreign nationals’ conduct etc.

A foreign national who otherwise satisfies the conditions for being granted a residence permit can be denied a permit if circumstances exist that constitute grounds for refusing the foreign national entry to or residence in the realm pursuant to other provisions of the Immigration Act, cf. section 59 first paragraph of the Immigration Act.

3. Conditions for being granted a residence permit as a skilled worker

Both the general conditions for residence permits for employees pursuant to section 23 first paragraph of the Immigration Act (see 3.1. below), and the special conditions for being granted a residence permit as a skilled worker pursuant to section 6-1 of the Immigration Regulations (see 3.2 below) must be met, except section 6-1 second paragraph.

3.1. General conditions for residence permits for employees

3.1.1. Requirement for an employer in Norway

The applicant must have an employer in Norway, cf. section 23 first paragraph of the Immigration Act. Who is deemed to be an employer within the meaning of the Immigration Act is regulated in more detail in UDI 2010-048 (only available in Norwegian).

Definition and delimitation in relation to an employer abroad

An employer must

• be registered in the Norwegian Central Coordinating Register for Legal Entities
• actually be engaged in running a business in Norway
• have a registered place of business (address) in Norway

In connection with a start-up business, it must be substantiated that there is an economic basis for the business.

In some cases, it may be difficult to determine whether the applicant has an employer in Norway, because he or she also has a connection to an employer abroad. In order to be able to conclude that the applicant has an employer in Norway, the following conditions must be met:

• pay in accordance with a collective agreement, pay scale or normal pay must be paid by the enterprise in Norway
• the enterprise in Norway must have the employer’s right to govern over the employee

When these conditions are not met, and the applicant thereby does not have an employer in Norway, he or she falls outside the group of persons to whom this guideline applies, and the application shall not be considered pursuant to section 23 of the Immigration Act. In such cases, the application shall be considered pursuant to section 24 of the Immigration Act, cf. section 6-13 of the Immigration Regulations.

Delimitation in relation to self-employment

It can be challenging to decide whether the applicant has an employer and is an employee or whether the applicant is self-employed. The decisive factor will be the actual (de facto) circumstances, not just the formal framework. An employer-employee relationship is characterised by the employer having administrative and professional authority to instruct the employee. If the applicant is self-employed, the application shall be considered pursuant to section 25 of the Immigration Act, cf. section 6-18 of the Immigration Regulations. For further information about how to distinguish an employment relationship from independent business activity, see UDI 2014-009 Residence permit for self-employed persons.

In some cases, the applicant can be both an employee and a self-employed person. This can apply, for example, to doctors, dentists, musicians, artists and researchers. Such applications must be considered after the regulations regarding self-employed applicants.

3.1.2. Requirement concerning pay and working conditions

It is a requirement that the pay and working conditions are not poorer than the applicable collective agreement or pay scale for the industry in question. Any new agreements/pay scales, or adjustments, must be reflected in the applicant’s pay and working conditions from the day they enter into force, so that he or she is paid in accordance with the applicable collective agreement/pay scale at all times.

If no such collective agreement or pay scale exists, the pay and working conditions must not be poorer than is normal for the occupation and place concerned, cf. section 23 first paragraph letter (b) of the Immigration Act.

What is deemed to be sufficient pay is described in more detail in UDI 2010-129 Sufficient pay for residence permits for employees and service providers.

3.1.3. Requirement for a concrete offer of employment

A concrete and current offer of employment must exist, cf. section 23 first paragraph letter (d) of the Immigration Act. Among other things, this means that the offer of employment must be genuine. The employer shall provide necessary information about the offer of employment on UDI’s Offer of Employment form (external link to PDF). The form must be signed by both the employer and the applicant, cf. section 6-9 first paragraph of the Immigration Regulations. See UDI 2013-006 Offer of employment form for more information, including information regarding signatures and powers of attorney.

3.1.4. Requirement concerning full-time work for a single employer

As a rule, the offer of employment must be for full-time work for a single employer, cf. the Immigration Act section 23 first paragraph letter (d).

It is possible to be granted exemption from the requirement for full-time work following a concrete assessment of the nature of the job. An exception currently applies to all occupations when the employee has been offered at least 80% of a full-time position. On-call work, casual work etc. cannot be included in the calculation of the percentage of a full-time position. If the applicant’s working hours will amount to less than 80% of a full-time position, weight shall be given in the assessment to whether reduced working hours are common in the occupation/industry in question, whether a special type of competence is required that there is particular demand for, whether it is a short-term employment relationship, and how far the job falls short of a full-time position. Under all circumstances, it is a minimum requirement that the percentage of a full-time position is sufficient that the income meets the subsistence requirement; see 2.1 above.

It is also possible to be granted exemption from the requirement that the employment relationship shall be with a single employer, following a concrete assessment of the nature of the job. It must be the applicant’s special competence or circumstances relating to the practising of the occupation that decide whether exemption is granted, not attempts on the applicant’s part to meet the requirement for full-time employment by presenting offers of employment from several employers. Exemption from the requirement for an employment relationship with a single employer may for example be granted for:

• an organist who is to work at a local music and culture school, as this is considered normal for this profession;
• a midwife with special expertise who is employed at two hospitals to be able to offer alternative methods;
• an engineer working in a full-time position in an oil company and as a guest lecturer in 1% of a full-time position;
• a researcher or doctor working at several research institutions or a research institution and a publishing house or a hospital.

When a nurse has received offers of employment from several health institutions, however, exemption shall not, as a rule, be granted, as it is not typical for nurses to work for several employers.

3.1.5. Offer of non-continuous employment

In special circumstances, a permit can be granted to a skilled worker even though the concrete offer of full-time employment is not for continuous work, cf. section 6-1 third paragraph of the Immigration Regulations and section 23 first paragraph letter (d) of the Immigration Act.

Factors that may be included in the assessment (the list is not exhaustive):

• The applicant also has an employment relationship in another country.
• The applicant has particularly high competence that the employer in Norway has a special need for.
• It is common in the occupation/industry in question to receive an offer of non-continuous work.

It is a strong argument against granting a permit if the applicant will be working in Norway for less than half the period applied for.

3.2. Special requirements for being granted a residence permit as a skilled worker etc.

3.2.1. The competence condition

Applicants who have a vocational education that is at least equivalent to upper secondary level, hold a craft certificate or have a university college/university education or special qualifications, are entitled to a residence permit, cf. Section 6-1 first paragraph of the Immigration Regulations. A person with such qualifications is designated a skilled worker.

Vocational training at upper secondary level and/or a craft certificate

Completed education corresponding to at least three years of vocational education at upper secondary school level is required. General studies at upper secondary level fall outside the scope of the term ‘vocational education’.

The applicant must document or substantiate that the education that he or she has taken abroad has resulted in competence corresponding to that provided by equivalent vocational education in Norway. If the corresponding vocational education in Norway has a duration of more than four years, a concrete assessment must be made of whether a three-year education from abroad has resulted in sufficient qualifications.

Examples of vocational education include vocational training as a joiner, plumber or healthcare worker.

Craft certificate

If the applicant documents that he or she has taken a craft certificate abroad, it can be difficult to establish whether the applicant has acquired the same level of competence as he/she would have done had the craft certificate been taken in Norway. Because a craft certificate in Norway is based on a vocational education, an applicant with a craft certificate from abroad must document the education that forms the basis for the craft certificate. In other words, it is sufficient to assess whether the applicant has an education at upper secondary level as mentioned above.

Tertiary vocational education

In Norway, tertiary vocational education means higher education based on upper secondary training or equivalent prior learning and work experience, with a duration of up to two years of fulltime education. Tertiary vocational education is regulated in Norway through the Act relating to Tertiary Vocational Education (Vocational Education Act)(external link).

If the applicant has studied at a technical college in Norway, the study programme must, as a rule, have lasted for two years. If the study programme lasted one and a half years, an individual assessment must be made of whether the applicant can be deemed to be a skilled worker. The content of the study programme will be considered, in addition to the applicant’s formal background in general and any work experience. Tertiary vocational education of a shorter duration than one and a half years is not deemed to be sufficient to qualify as a skilled worker within the meaning of the Immigration Regulations. An applicant with such a short education from a technical college may, by documenting other education and/or work experience, be considered in relation to the rule concerning special qualifications; see below.

If the applicant studied at a technical college abroad, the assessment will be somewhat more stringent.

University college or university education

The requirement for a university college or university education means a completed degree or study programme. Examples include a completed study programme in nursing or engineering, a bachelor’s or master’s degree or the equivalent.

Special qualifications

An applicant can have special qualifications as an alternative to, or in combination with, a formal education. It normally takes several years of targeted competence-raising measures in the form of training and practical work for an applicant to be regarded as a skilled worker based on special qualifications. The applicant must document how he/she has acquired this competence. A concrete, individual assessment must be made of the applicant’s competence.

The applicant can have special qualifications in an occupation where Norway has a training programme at minimum upper secondary level. In such case, the applicant can be deemed to have special qualifications if he or she has acquired competence equivalent to the level of such education in Norway through practical experience and training in the discipline in question, or in combination with formal education. Similarly, the applicant can have special qualifications in an occupation for which Norway does not have a training programme. In such case, the level of competence must be equivalent to the qualifications in an occupation acquired through upper secondary education in Norway.

Requirement for duration of practical experience and training

As a rule, the duration of practical experience and training must be at least twice the duration of the formal education that is lacking.

In principle, a lot is required for a permit as a skilled worker to be granted on the basis of special qualifications. A requirement for thorough documentation applies.

3.2.2. The relevance condition

It is a condition that the applicant’s qualifications are deemed to be relevant to the position, cf. section 6-1 first paragraph letter (a) of the Immigration Regulations. This means that the nature of the job offered must be such that a skilled worker is required, cf. Section 6-1 first paragraph of the Immigration Regulations, and that the applicant has this competence. When assessing whether the applicant’s competence is deemed to be relevant to the position, consideration shall be given to the job description in the offer of employment, the employer’s statement about what competence the position requires and why the applicant’s competence is relevant to the position, as well as the pay level. If the pay offered is at the level that applies to unskilled workers, this could indicate that the position does not require competence as a skilled worker.

If the nature of the job is such that not all tasks require the applicant to be a skilled worker pursuant to Section 6-1 first paragraph of the Immigration Regulations, a residence permit can nonetheless be granted provided that it is only a small part of the work the position entails that does not require such competence.

3.2.3. Condition concerning approval by other authorities

It is a condition for being granted a residence permit as a skilled worker that approval or authorisation has been obtained from the relevant professional authority in occupations where qualification requirements are set out in law or in regulations, cf. section 6-1 first paragraph letter (b) of the Immigration Regulations. The regulation of a profession means that the authorities, by law or in regulations, require minimum qualifications for the right to use the professional title and/or practise the profession independently.

Some professions are regulated in Norway. This applies, among others, to doctors, nurses, electricians (skilled electrical workers) and teachers.

Approval/authorisation is granted by the directorates/supervisory authorities that are responsible for the different professions. For example, the Norwegian Registration Authority for Health Personnel (SAK) is responsible for granting authorisation or licences to the regulated professions in the health sector, while the Directorate for Civil Protection and Emergency Planning (DSB) approves skilled workers in the electrical trades.

Information about who requires approval of education from abroad in order to practise their profession and about who can grant such approval is available at Nokut´s website (external link).

3.2.4. Condition concerning quota or labour market assessment

It is a condition that the applicant is either covered by the quota stipulated by the Ministry of Labour and Social Inclusion in consultation with the Ministry of Trade, Industry and Fisheries and the Ministry of Finance, or that the position cannot be filled by domestic labour or labour from the EEA, cf. section 23 first paragraph letter (c) of the Immigration Act, cf. section 6-1 first paragraph letter (c) and section 6-12.

Every year, the Ministry of Labour and Social Inclusion stipulates a quota stating how many residence permits for skilled workers (cf. sections 6-1 of the Immigration Regulations) can be granted without carrying out an individual labour market assessment.

The requirement for a quota or labour market assessment does not apply to a permit as a skilled worker for an applicant who is a national of a country that is a member of the World Trade Organisation (WTO), and who is employed by an international company. For further information on what is deemed to be an international company, see UDI 2016-003 Early employment and other schemes for working before a permit has been granted. 

Only when the quota has been filled shall an individual labour market assessment be carried out before any more such permits can be granted in the same calendar year. In such case, a statement shall be obtained from the Norwegian Labour and Welfare Administration (NAV). A residence permit cannot, in such situations, be granted without NAV’s consent.

3.2.5. Skilled workers planning to work through staffing agencies

When the applicant is going to work through a staffing agency in Norway, certain additional conditions apply:

• The staffing agency must be registered in the Central Coordinating Register for Legal Entities as an enterprise whose object is to engage in hiring out labour. The Central Coordinating Register for Legal Entities is available at Brønnøysundregisterets website (external link).
• If the enterprise is subject to a reporting and registration duty pursuant to the Regulations relating to Staffing Agencies, it must be registered in the Norwegian Labour and Inspection Authority’s register of staffing agencies; see Arbeidstilsynets website (external website).
• A list must be drawn up of the assignment(s) the applicant is to carry out. The client(s) shall confirm the concrete assignment(s), including the duration of the assignment.
• It is a requirement that the applicant is given assignments that are in accordance with his/her qualifications.

A permit is generally granted for one year, and can only be granted for documented assignment(s). If the applicant is to carry out several assignments that do not follow immediately after each other, it must be assessed whether a permit will be granted even though the concrete offer of full-time work does not concern continuous work, cf. section 6-1 third paragraph of the Immigration Regulations; see 3.1.5 above.

3.3. Choice of legal basis when the applicant also meets the conditions for other types of residence permit

When an applicant has submitted an application for a residence permit as a skilled worker pursuant to section 6-1 first paragraph of the Immigration Regulations, the applicant may, in some cases, also meet the conditions for other types of residence permit pursuant to sections 23 to 26 of the Immigration Act, cf. sections 6-1 to 6-31 of the Immigration Regulations. In such cases, the applicant shall as a rule be granted a permit as a skilled worker pursuant to section 6-1 first paragraph of the Immigration Regulations, as this permit is deemed to be most favourable for the applicant.

4. Application procedures

The applicant cannot start working before a residence permit has been granted. Under the early employment scheme, however, the employer can allow the employee to start work before a permit has been granted. For more information, see 4.5 below. A permit may be granted during the processing of an application when certain conditions are met. A more detailed description is provided in 4.6 below.

4.1. Who can submit an application for a residence permit?

As a rule, it is the applicant (the employee) who must submit an application for a residence permit, cf. section 10-2 third and fourth paragraphs of the Immigration Regulations.

The employer may apply for a residence permit on behalf of the applicant, however, cf. section 10-3 of the Immigration Regulations. It is a condition that the employer has written authorisation from the applicant. The authorisation must be enclosed with the application.

An employer as mentioned above shall submit the application on behalf of the employee via the police in the district where the employer has his/her registered address or via a service centre for foreign workers, cf. section 10-3 third paragraph of the Immigration Regulations.

When an employer submits the application on behalf of the employee, the police may exempt from the requirement of appearing in person, see UDI 2021-005 (only available in Norwegian).

When the application is submitted by a person other than the applicant or the employer, the application shall be rejected on formal grounds, cf. section 10-2 ninth paragraph of the Immigration Regulations. Errors in the application procedure cannot be rectified by the employer or applicant appealing the decision. In such case, a new application must be submitted in the correct manner.

4.2. Where to submit the application

As a rule, a first-time residence permit must have been granted prior to entering Norway, cf. Section 56 first paragraph of the Immigration Act. This means that the application must be submitted through a Norwegian foreign service mission in the country of which the applicant is a national, or in the country in which the applicant has held a residence permit for the past six months, cf. Section 10-2 third paragraph of the Immigration Regulations. The applicant may be required to submit the application in person.

An exception may be made from the main rule, however. The exception provision applies when the applicant has qualifications as a skilled worker, cf. Section 6-1 first paragraph of the Immigration Regulations, cf. Section 10 first paragraph letter (a). It is a condition that the applicant is lawfully staying in Norway. However, the right to apply for a work permit from Norway does not apply to skilled workers living in Norway in connection with an application for asylum or pending departure following rejection of an asylum application, cf. Section 10-1 third paragraph of the Immigration Regulations. If an application has been submitted in contravention of the regulations, this cannot be rectified simply by the applicant leaving Norway. In such case, a new application must also be submitted. For further information, see UDI 2013-007 (only available in Norwegian) (submitting an application for a residence permit from Norway) and UDI 2010-046 Entry visa for skilled workers with offer of employment in Norway. When the applicant is staying in Norway, the application must be submitted in person to the police in the district where the application has his/her fixed place of residence, or through a service centre for foreign workers, cf. Section 10-2 fourth paragraph of the Immigration Regulations. In this context, fixed place of residence means the place where the applicant has resided temporarily since his/her arrival, or where the applicant has settled.

Even if the requirements for submitting an application from Norway are not met, the authorities shall always, on their own initiative, consider whether strong grounds of reasonableness are present that indicate that the application should nonetheless be taken under consideration, cf. Section 56 third paragraph of the Immigration Act and Section 10-1 fourth paragraph of the Immigration Regulations.

4.3. Application form and other documentation

4.3.1. Application form

As a rule, applications for residence permits must be registered online (Application Portal Norway (external link)). In exceptional cases, the UDI’s own form can be used: ‘Application for a permit for residence or work’ (external link to PDF).

4.3.2. Other documentation

The body that receives the application must ensure that the applicant has filled in the relevant document list and submitted all the documents on the list.

The document list is available on the UDI website:

• Faglært arbeidstaker med arbeidsgiver i Norge (ekstern lenke) - Disse dokumentene må du levere inn når du skal søke om oppholdstillatelse
• Skilled worker with an employer in Norway (external link) - You must hand in these documents when you apply for a residence permit

The originals of documents must be enclosed together with a translation into Norwegian or English.

If the case documents are not submitted electronically, it is usually sufficient that a copy of the documents is sent to the UDI. In such case, it is a condition that the original document has been presented to and the copy confirmed by the foreign service mission or the police.

4.3.3. Other documentation – applying with proxy

When the employer applies for a residence permit on behalf of the applicant, having a written authorisation from the person, it is sufficient to present copies of documentation of education and/or work experience and copy of the passport of the applicant. The employer does not need to present this documentation in original.

The immigration authorities may request original documentation of education and/or work experience to be presented on a later stage. For example, in the decision in the case of the foreign national, the immigration authorities may request original documentation to be presented to the police when the applicant meets at the police to arrange with a residence card, proving the residence permit.

Please also note that, when the application have been submitted with a written authorisation, the police must carry out control of person and original passport when the applicant meets at the police to arrange with a residence card, proving the residence permit, see UDI 2011-040 Control of persons and checks of original identity documents in connection with applications for visas and residence permits  punkt 3.2 og 3.3.

4.4. Fee

For an application for a residence permit to be considered, a fee must be paid when the application is submitted. The size of the fee is stipulated in section 17-10 of the Immigration Regulations. The obligation to pay a fee also applies to applicants who are covered by the EEA Agreement who apply for a residence permit as a skilled worker.

4.5. The early employment scheme

The early employment scheme means that an employer can allow an employee to start work before a permit has been granted. For further information about conditions, procedures and documentation requirements in this context, see sections 6-8 and 10-4 of the Immigration Regulations and UDI 2016-003. 

If the application for a temporary residence permit is rejected, the permission to work pursuant to the above-mentioned provision lapses from the decision date.

4.6. Residence permit during the processing of an application

If it is probable that the application for a temporary residence permit will be granted, the applicant can be issued a permit to start work pending ordinary processing of the application. For further information about conditions and procedures in this context, see section 57 of the Immigration Act and UDI 2010-147 (only available in Norwegian).

If the application for a temporary residence permit is rejected, the permission to work pursuant to the above-mentioned provision lapses from the decision date.

4.7. Power of decision

As a rule, first-time applications for a residence permit as a skilled worker are decided by the UDI, cf. section 65 first paragraph of the Immigration Act. Certain foreign service missions are also authorised to grant applications for a residence permit as a skilled worker if there is no doubt that the conditions are met, cf. section 13-4 of the Immigration Regulations. The foreign service missions to which this applies are listed in Appendix 18 to the Immigration Regulations. See also UDI 2010-114 (only available in Norwegian).

5. Content and duration of the permit

5.1. Content

A residence permit for a skilled worker pursuant to the Immigration Regulations section 6-1 first paragraph applies to a specific type of work, cf. sixth paragraph of the provision. The type of work concerned shall be specified in the decision. The permit does not confer a right to take other types of work than that stated in the decision, or to engage in self-employed work as a main or secondary source of income.

If the quota pursuant to section 6-1 first paragraph letter (c) has been filled, and the applicant is a national of a WTO country and is to work for an international company, a permit can be granted for specific work for a specific employer pursuant to section 6-1 first paragraph, cf. sixth paragraph.

The permit can be renewed, cf. the Immigration Act section 61 first paragraph and the Immigration Regulations section 10-21 second paragraph, and it forms the basis for a permanent residence permit, cf. the Immigration Act section 60 third paragraph letter (d).

The permit forms the basis for family immigration, cf. the Immigration Act section 40 ff.

5.2. Duration

First-time residence permits pursuant to section 6-1 first and fifth paragraphs of the Immigration Regulations can be granted for three years, but not, however, for longer than the period applied for and not for a period that exceeds the duration of the employment relationship, cf. section 10-16 first and fifth paragraphs of the Immigration Regulations.

Even if the employment relationship lasts for more than one year, there may be considerations that dictate that the duration should be limited. For example, there may be a need to check whether the conditions for the permit are still met. In such cases, a residence permit is normally granted for one year at a time.

The period in which a foreign national is granted a residence permit pending ordinary processing of the application in accordance to section 57 of the Immigration Act, shall not be included in the duration calculation, cf. section 10-17 third paragraph of the Immigration Regulations.

See 3.2.5 for information about the duration of the residence permit when the employer is a staffing agency.

6. Renewal of a residence permit as a skilled worker

6.1. Conditions

A foreign national with a residence permit as a skilled worker has the right, upon application, to renewal of the permit if the basis for the initial permit is still present, cf. section 61 of the Immigration Act.

In that connection, it shall be verified that the applicant has actually worked in accordance with the original offer of employment, including that he or she has received the agreed pay. If the collective agreement/pay scale has been changed, it shall be verified whether the applicant’s pay and working conditions have been changed accordingly.

A renewed permit can be granted for the same type of work even if the skilled worker changes employers, cf. section 10-21 second paragraph letter (a) of the Immigration Regulations. The renewed permit shall also be valid for a specific type of work.

Permits granted pursuant to section 6-1 first paragraph of the Immigration Regulations, cf. fifth paragraph, can be renewed for the same type of work for the same employer, cf. section 10-21 second paragraph letter (c) of the Immigration Regulations.

If the application for renewal is submitted no later than one month before the permit expires, the applicant is entitled to continued residence on the same conditions until the application has been finally decided, cf. section 61 sixth paragraph of the Immigration Act.

In the case of applications for a residence permit on new factual or legal grounds, the applicant is entitled to continued residence on the same conditions as applied to the previous permit until the application has been finally decided, provided that the application is submitted no later than one month before the permit expires and the applicant has had legal residence pursuant to a previous permit for at least the past nine months, cf. section 61 seventh paragraph of the Immigration Act.

6.2 Application procedures

Applications for renewal shall normally be registered online via the Application Portal Norway (external link). Alternatively, the application can be submitted on paper using the UDI’s form ‘Application for a permit for residence or work’ (external link to PDF).

The application shall be submitted to the police in the district where the applicant has his/her permanent place of residence, cf. section 10-27 of the Immigration Regulations. This means that an application for renewal shall, as a rule, be submitted from Norway.

The body that receives the application must ensure that the applicant has filled in the relevant document list and submitted all the documents on the list.

The document list is available on the UDI website:

• Faglært arbeidstaker med arbeidsgiver i Norge (ekstern lenke) - Disse dokumentene må du levere inn når du skal søke om oppholdstillatelse
• Skilled worker with an employer in Norway (external link) - You must hand in these documents when you apply for a residence permit

6.3 Power of decision in connection with renewal

As a rule, applications for a renewal of a residence permit as a skilled worker are decided by the UDI, cf. section 65 first paragraph of the Immigration Act.

However, the police have the authority to grant renewals of residence permits for skilled workers if there is no doubt that the conditions are met, cf. section 13-2 of the Immigration Regulations and UDI 2010-089 (only available in Norwegian).

No doubt shall be deemed to exist in the following cases (the list is not exhaustive):

• when there is a lack of salary payment for a maximum of one month during a year, two months during two years or three months during three years, i.e. there are one or more gaps which are accepted had the applicant applied for a permanent residence permit
• when the salary payment corresponds to the minimum requirement for the position, for example the minimum requirement according to the collective agreement or the minimum requirement for a Bachelor or Master, cf. the appendix to UDI 2010-129 Sufficient salary for residence permits for employees and service providers, when there is a requirement for such competence, even if the salary is lower than what appeared on the previous Offer of Employment form.
• when the applicant receives a new job title, including a position at a higher level, provided that the applicant does the same type of work as before. For example, an engineer or computer scientist who changes job title within the same subject area, but who does the same type of work as before, possibly with some changed/new work tasks
• when an exception had been made in the previous permit from the requirement for full-time work, a single employer or an offer of continuous employment, and the circumstances have not changed or it is no longer relevant to make such an exception.

6.4. Duration of renewed permits

Renewal may be granted for up to two years. As with the initial permit, a renewed permit is not granted beyond the period for which it has been applied for nor beyond the length of the employment relationship, cf. section 10-24 first paragraph of the Immigration Regulations.

Control considerations may dictate that a residence permit shall not be granted for more than one year at a time. This is discussed in more detail in section 5.2 on the duration of the initial permit.

A renewed skilled worker permit is granted from the expiry of the previous permit when the foreign national applied for renewal before the expiry of the previous permit. A renewed permit is granted from the date of decision if the foreigner applied for renewal after the expiry of the previous permit, cf. section 10-24 second paragraph of the Immigration Regulations.

The provisions set out in the third and fourth sentences of Section 60 first paragraph of the Immigration Act, and in Sections 10-16 and 10-17 of the Regulations, apply correspondingly. For information about the calculation of the duration of the permit, see Section 10-24 second paragraph of the Immigration Regulations.

7. Conditions for residence permits for skilled workers when the applicant is an athlete and/or a coach

Residence permits for athletes and coaches were regulated in a separate provision before 2010, cf. section 3 second paragraph letter (e) of the Immigration Regulations of 1990. In 2010, the provision was included in section 6-1 first paragraph of the Immigration Regulations, regarding residence permits for skilled workers although previous precedence for athletes and trainer was to be continued.

7.1. Special conditions relating to permits for athletes and/or coaches

7.1.1. The competence condition – high-level athlete and/or coach

In order to meet the requirement for being granted a residence permit as a skilled worker, cf. section 6-1 first paragraph of the Immigration Regulations, it is a condition that the applicant takes part in high-level sport as

• an athlete
• a coach
• a player-coach

As a rule, the provision is applied to sports affiliated to the umbrella organisation for Norwegian sports, the Norwegian Olympic and Paralympic Committee and Confederation of Sports (NIF), as sports that are not affiliated to the organisation rarely meet the requirement for high-level sports. See the section on jockeys, however.

Level of activity and results

In order to be granted a residence permit as a skilled worker, requirements apply as regards the level of activity and results. In team sports, the highest national league will normally be regarded as high-level sport, even if the level is low in the international context. Other factors to take into consideration can be the team’s level of activity, ambitions, previous results and participation in international competitions.

In particularly widespread sports, the two highest levels can be characterised as high-level sport, if the second level is generally characterised by professionalism and ambitious goals. This will apply, for example, to men’s football and women’s and men’s handball. In some cases, it must be concluded that no high level exists for a particular sport in Norway.

In individual sports, the decisive factor will be the applicant’s ranking at the national level. Only athletes and coaches who belong to the top national level will be deemed to be engaged in high-level sport. Relevant factors to be emphasised in the assessment are the applicant’s previous achievements and results, participation in international competitions and the expected level of activity and level of ambition in Norway.

7.1.2. The relevance condition – ability to participate in high-level sports

The requirement that the applicant’s competence must be deemed to be relevant to the position, cf. section 6-1 first paragraph letter (a) of the Immigration Regulations, applies regardless of whether the applicant is an athlete, a coach or a player-coach.

The competence can be relevant in relation to continued activity or in connection with a more ambitious national and/or international goal.

When the applicant is to work as a coach, personal qualities can be of great importance.

When the applicant is an athlete, the national recruitment basis will be important. In sports that are less widespread in Norway, it may be necessary to recruit foreign athletes with a view to further developing the sport at the national level. In internationally widespread sports, it will often be necessary to recruit top athletes from abroad in order to compete successfully internationally.

In cases where clubs have several teams, the athlete can be active for different teams in the club, for example for a recruitment team in connection with match practice. A certain level of participation in the team that plays at the highest level is nonetheless required. As a rule, the athlete must participate in at least half of the matches that the team plays during the period in which the athlete has an employment contract, provided that the athlete is injury-free and available to play. Too little activity for the team that plays at the highest level may have a bearing on renewal of the permit.

That the applicant has a bachelor’s or master’s degree in sports does not necessarily mean that the requirement for relevance is met. The applicant is required to play sport or coach athletes at a high level.

7.1.3. Statement on the level of the sport and the applicant’s competence

A statement shall be obtained from the relevant sports federation under NIF. The sports federation shall submit a statement on whether the athlete will participate in high-level sport and whether the applicant’s competence is deemed to be relevant to the position. When the applicant is a coach, information shall be provided about who the applicant is to train, the athletes’ achievements in national and, if relevant, international competitions the athletes have competed in. If the coach is to train athletes at a lower level as well, it must be stated how much of his/her working hours will be spent on training high-level athletes.

In its statement, the sports federation shall comment on the level and extent of the applicant’s previous activities as an athlete/coach, if this previous activity took place less than 12 months before the date of the new application.

The recommendation of the sports federation will usually be given decisive weight in the assessment of the application, but it is nonetheless not binding in relation to the UDI’s decision.

7.1.4. Jockeys

The Norwegian Horseracing Authority (formerly the Norwegian Jockey Club) is not affiliated to NIF, but it is regarded as natural to consider applications from jockeys in accordance with the guidelines for athletes. The condition concerning being engaged in high-level sport is deemed to be met when the Norwegian Horseracing Authority can confirm that the applicant meets the requirements for being granted a licence as a professional jockey. When the applicant is to work as a jockey, a statement from the Norwegian Horseracing Authority shall therefore be included.

The relevance requirement is deemed to have been met when the applicant is to compete in horseraces. It is accepted that the applicant is to train horses, since that is a natural part of being a jockey. It is not accepted, however, that a jockey will solely be engaged in training. In such case, the applicant must present a licence as a trainer and meet the requirement for high-level trainers.

7.2. General conditions relating to permits for athletes and/or coaches

The general conditions for residence permits for skilled workers apply as mentioned in 3.1 above. It is specified below how some of these conditions shall be interpreted when the applicant is an athlete and/or a coach.

7.2.1. Full-time employment

Whether the work constitutes full-time employment must be assessed based on what is normal in the sport in question. Travel time, practice time and other preparation work relating to high-level sports are included when calculating the total working hours.

7.2.2. A single employer

The applicant cannot work for the club’s sponsors or similar in either a paid or voluntary capacity.

7.2.3. Pay and working conditions

No general agreements regulate pay and working conditions between clubs/associations, on the one hand, and athletes/coaches, on the other. It is therefore established administrative practice that the pay condition is deemed to be met when the subsistence requirement (see 2.2. above) is met. This means that the applicant must be offered at least 2,5 times the basic amount in the Norwegian National Insurance Scheme (G). The pay must be guaranteed for the whole period during which the permit will be valid.

7.3. Documentation requirement

The authority that receives the application must ensure that the applicant has filled in the relevant document list and submitted all the documents on the list. 

The document list is available on the UDI website:

• Faglært arbeidstaker med arbeidsgiver i Norge (ekstern lenke) - Disse dokumentene må du levere inn når du skal søke om oppholdstillatelse
• Skilled worker with an employer in Norway (external link) - You must hand in these documents when you apply for a residence permit

7.4. Residence permit during the processing of an application

If it is likely that the application will be granted, the applicant may, on request, be granted a residence permit that is valid during case processing. It is a requirement that the application for a permit that is submitted to the police contains a statement from the relevant sports federation under NIF and that the subsistence requirement is met.

7.5. Duration

Permits for athletes and coaches are granted for one year, or for a shorter period, cf. section 10-16 fifth paragraph of the Immigration Regulations.

7.6. Assessments in connection with applications for a renewed permit

7.6.1. Documentation

A new statement from the sports federation must be enclosed with an application for renewal. If conditions apply as mentioned in 7.6.2. and 7.6.3. below, the sports federation shall specifically mention this.

7.6.2. When the sports club has been relegated or it is no longer possible to coach high-level athletes

In situations where the club in question has been relegated and where a multi-year contract has not expired, considerations of reasonableness indicate that an application for renewal of the residence permit can be granted for another year even though the athlete or coach no longer practises/coaches high-level sport. The same applies when a coach is no longer responsible for athletes at the top national level.

In a subsequent application for renewal of the residence permit, however, the applicant must document that he or she will again be in engaged in/coach high-level sport.

7.6.3. Assessment of the condition ‘high-level sport’ when the athlete has had little participation during the contract period

If it turns out, at the time of application for renewal of the residence permit, that the athlete has had little activity for the team engaged in high-level sport, this may indicate that the athlete no longer meets the condition concerning full-time employment and that the application for renewal must be rejected. In the assessment, emphasis shall be placed on the reason for the lack of activity and the probability that the athlete, based on the available information, will meet the condition in future.

7.7. Relationship to other provisions

If the applicant is to practise as an athlete in Norway, and this activity is the purpose of his or her stay in Norway, it may be relevant to consider the application pursuant to section 6-22 third paragraph of the Immigration Regulations. Pursuant to this provision, a temporary residence permit may be granted when the applicant’s stay is necessary to establish or further develop a sport. For more information, see UDI 2015-012 Residence permits for cultural purposes. 

Professional athletes and accompanying support staff are exempt from the requirement for a residence permit for employment relationships of up to three months’ duration when they do not have an employer in Norway, cf. section 1-1 first paragraph letter (d) of the Immigration Regulations.

Some sporting activities are not deemed to be work. If such activities are performed for up to three months, a residence permit is not required. Trials and stays for training purposes are not deemed to be work. For more information, see UDI 2011-032 Exemptions from the requirement of a residence permit.

8. Appeals

A rejection of an application for a residence permit as a skilled worker can be appealed pursuant to the provisions of Chapter 6 of the Public Administration Act (external link). The applicant can submit an appeal themselves. A person who has been given a written power of attorney may also submit the appeal, see section 12 of the Public Administration Act (external link).

9. Revocation of residence permits and residence during unemployment

9.1. Revocation

A residence permit as a skilled worker can be revoked if the foreign national deliberately provided incorrect information in the application or omitted matters of importance to the decision, or if it follows from other general provisions of administrative law, cf. section 63 first paragraph of the Immigration Act and section 6-11 of the Immigration Regulations. The police shall send such cases to the UDI for consideration of revocation when the conditions for this are deemed to be met. If deemed necessary, the UDI will send advance notice of revocation in such cases.

9.2. Unemployment

An employee who has a permit as a skilled worker pursuant to section 6-1 first paragraph of the Immigration Regulations can stay in Norway to seek employment for up to six months after the employment relationship is terminated and until the original permit expires. It is a condition that the employee notifies the police within seven days of the termination of the employment relationship. Furthermore, it is a condition that the employee notifies the police within seven days if he/she begins in a new employment relationship. The above-mentioned notifications to the police shall be registered in the computer system used for immigration and refugee cases (DUF), cf. section 6-11 second and third paragraphs of the Immigration Regulations.

An employee who holds a permit as a skilled worker pursuant to Section 6-1 first paragraph of the Immigration Regulations, cf. the fifth paragraph, can avail him/herself of the provisions of Section 6-11 second paragraph to look for work. If he or she finds a new job, however, an application for a new permit must be submitted, unless the offer of employment is made by the same employer and applies to the same type of work.