Topic
- Visa
- Special measures to prevent communicable diseases
Source of law
- Guideline
-
Recipient
- The Norwegian police
- The Norwegian Directorate of Immigration (UDI)
- The foreign service missions
Owner
- The Managed Migration Department
Case number in UDISAK (archive system)
UDI 2020-011 Application for and issue of entry visas (D-visas), and entry deadlines
1. Introduction
The guidelines provide an overview of the cases in which an entry visa (D-visa) can be issued and the procedures that must be followed. The guidelines make reference to other guidelines relating to entry visas, where such are available.
Section 2 describes how the UDI sets entry deadlines.
Entry visas are regulated in the Immigration Regulations Section 3-13 and Section 1-8 pursuant to the Immigration Act Section 12. Sections 3 to 8 of the guidelines are set out according to the sequence of the provisions in Section 3-13, followed by information about entry visas for diplomats etc.
The information provided about the foreign service missions’ role and duties apply correspondingly to the Governor of Svalbard.
2. The UDI sets entry deadlines when granting a residence permit
2.1 Entry deadlines
When the UDI grants a first-time residence permit to a foreign national staying abroad, the UDI shall set a last date of entry, see the Immigration Regulations Section 10-17 first paragraph. The date of the last day of entry shall not be set later than six months after the date of the decision, unless warranted for special reasons.
The entry deadline shall normally be set 6 months after the decision date, unless the purpose of the residence permit indicates otherwise.
Special entry deadlines apply for example when residence permits are granted to students and seasonal workers.
An example of «special reasons» for granting a longer entry deadline than 6 months is when applicants have problems obtaining an exit permit from the country in which they reside, or there are medical conditions which mean that the journey cannot be completed until 6 months have passed.
2.2 Extended entry deadline
The UDI can also extend an entry deadline that has already been set if special reasons exist, following an assessment of whether the purpose of the permit is still valid.
Already set deadlines are normally extended by six months. In very special cases, we canextend the deadline further if necessary.
In types of cases where other entry deadlines are set, see section 2.1, these deadlines will govern how entry deadlines are extended.
2.3 Renewal og residence permit granted to foreign nationals abroad
When foreign nationals are granted renewal of a residence permit while they are abroad, the issuance of an entry visa is considered pursuant to the Immigration Regulations Section 3- 13 fifth paragraph, see section 8.
When the UDI is aware that a foreign national subject to a visa requirement is abroad when a residence permit is renewed, the UDI shall notify the foreign service mission that an entry visa can be issued pursuant to the Immigration Regulations Section 3-13 fifth paragraph.
3. Entry visas for foreign nationals granted first-time residence permits
The foreign service missions issue entry visas based on notifications from the UDI. The entry visa shall be issued pursuant to the entry deadline in the decision from the UDI or a decisionto extend an entry deadline from the UDI.
If the foreign national needs an extended entry deadline, he or she must contact the UDI. See section 2.2 for how the UDI the extension entry deadlines.
4. Entry visas for foreign nationals granted an entry permit as a resettlement refugee
A foreign national who is granted an entry permit as a resettlement refugee pursuant to Section 35 of the Immigration Act shall normally be issued an entry visa. The information provided in sections 2 and 3 relating to entry deadlines, deferred entry and entry visas also applies to this group.
The procedures for issuing entry visas to resettlement refugees also follow from the UDI’s guidelines in UDI 2014-003 The foreign service missions’ work relating to resettlement refugees.
5 Foreign nationals who have received confirmation of right to work before their residence permit application has been processed
The foreign service missions can grant and issue entry visas to foreign nationals who havereceived confirmation of right to work before their residence permit application has been processed (the early employment scheme) pursuant to the Immigration Regulations Section 3-13 second paragraph.
Under the early employment scheme, the foreign national will himself contact the foreign service mission and present the confirmation of early employment for being issued an entry visa. Before issuing an entry visa, the foreign service mission must check that circumstances do not exist that constitute grounds for refusing the employee entry into or residence in Norway pursuant to other provisions of the Act, cf. Section 59 of the Immigration Act. If such circumstances exist, an entry visa shall not be issued.
Further information about the issuance of entry visas under the early employment scheme can be found in UDI 2016-003 Early employment and other schemes for working before a permit has been granted.
6. Skilled workers with offer of employment in Norway
The foreign service missions can grant and issue entry visas to skilled workers who have received a concrete offer of employment from an employer in Norway pursuant to the Immigration Regulations Section 3-13 third paragraph to applicants who meet the conditions in the following guideline: UDI 2010-046 Entry visas for skilled workers with offer of employment in Norway.
7. Other entry visas for applying for a residence permit from Norway
The foreign service missions can grant and issue entry visas pursuant to the Immigration Regulations Section 3-13 fourth paragraph to applicants who meet the conditions in the following guidelines:
-
UDI 2013-004 Entry visa for spouse and children of skilled workers and seconded employees
- UDI 2010-001 Entry visa for some students, researchers and trainees and their family members
8. Foreign nationals residing in Norway with a residence permit or who have applied for renewal or permanent residence permit
8.1 Groups that can be issued an entry visa
In special circumstances in which there is a documented need, foreign nationals residing in Norway with a temporary or permanent residence permit can be granted an entry visa. As a rule, residence cards are issued for this group, but they may be issued an entry visa pursuant to the Immigration Regulations Section 3-13 fifth paragraph in certain situations abroad:
- If a residence card has been lost, stolen or mislaid
- After the expiry of a residence card when a permanent residence permit has been granted
- After the expiry of a residence card if a residence permit has been renewed. See section 8.6 for cases where the UDI is aware that the foreign national is abroad when a residence permit is renewed
Foreign nationals residing in Norway who have applied for renewal or a permanent residence permit at least one month before their previous residence permit expired can be granted an entry visa. Residence cards are not issued for this group, but they can be issued an entry visa pursuant to the Immigration Regulations Section 3-13 sixth paragraph if they are abroad while the application is being processed. It is a condition that
- the application for renewal of residence permit was submitted at least one month before the expiry of the previous renewable residence permit, or
- the application for a permanent residence permit was submitted within a month of the expiry of the previous permit and that the previous permit formed the basis for a permanent residence permit.
8.2 Application requirements
Applications for entry visas must meet the following requirements:
- The foreign national must fill out the application form for a Schengen visa by hand.
- The foreign national must explain why he or she needs an entry visa.
- If a residence card has been lost, mislaid or stolen, the foreign national must provide a detailed, written explanation of when, where and how the card was lost/mislaid, see UDI 2012-011 Schengen-standardised residence cards section 5, which must then be signed by the foreign national.
- If the foreign national has a permanent residence permit, he or she shall state the duration of the stay abroad, where he or she has resided after leaving Norway and why he or she has stayed abroad past the residence card’s validity. The foreign national must also submit a copy of all used pages of his or her travel document. The foreign national’s statement and a copy of the travel documents must be scanned and stored as case documents in cases where a permanent residence permit has been granted. Also see section 5.1 of the UDI’s guidelines 2017-006 Preparation and processing of applications for a permanent residence permit (in Norwegian only).
8.3 Processing by foreign service missions
When foreign service missions consider applications for entry visas pursuant to these guidelines, they have the following duties:
- Obtain information about the need for an entry visa, also see section 8.2.
- Clarify whether:
- the foreign national’s travel document shows other identity information than that found in DUF/Norvis
- the foreign national’s passport is genuine
- the foreign national presents a passport to the foreign service mission from his or her country of origin and he or she has been granted protection in Norway
- the foreign national has resided in his or her country of origin after being granted protection
- Clarify whether there is reason to believe that the permanent residence permit has lapsed due to a long-term stay abroad, see the UDI’s guidelines 2017-006 section 5.1.
- When a residence card has been lost/mislaid abroad, notify the UDI, represented by the NORVIS help desk, to have the card registered as lost in DUF
- Contact the UDI via the contact form or by phone with a request for confirmation that the person in question still holds a valid or permanent residence permit and that an entry visa is to be issued.
8.4. The UDI’s procedures in response to requests from foreign service missions concerning the issue of entry visas
The UDI case officer shall respond to the enquiry from the foreign service mission within a short space of time and confirm whether
- the foreign national can be granted an entry visa when he or she holds a valid temporary or permanent residence permit, or
- the foreign national can be granted an entry visa during the processing of his or her application for renewal or a permanent residence permit or
- whether special reasons exist indicating that the foreign service mission should not grant the foreign national an entry visa.
Special reasons for denying an entry visa are:
- The permanent residence permit has lapsed. It may nevertheless be relevant to grant an entry visa even if we see that the permanent residence permit will lapse, as long as a decision on lapse has not yet been made. In the assessment, the case officer must look at whether the person will fulfill the conditions for a new temporary residence permit, if a decision is made to lapse.
- Weighty grounds for revocation
- The foreign national comes under the scope of instructions GI-02/2019 (external link). D-visas shall not be issued to people who have stayed in areas previously held by ISIL, or have any other connection to ISIL or other terrorist networks in Syria and Iraq.
8.5 Issue of entry visas and laissez-passers
With the consent of the UDI, the foreign service missions can issue entry visas to the groups mentioned in section 8.1.
Reference is made to UDI 2010-067 Laissez-passers (emergency travel documents) if the applicant requiring an entry visa also requires a travel document.
8.6 Entry visas for renewal of residence permits when the UDI knows that the foreign national is abroad
When the UDI is aware that a foreign national subject to a visa requirement is abroad when a residence permit is renewed, the UDI shall notify the foreign service mission that an entry visa can be issued pursuant to the Immigration Regulations Section 3-13 fifth paragraph. See section 2.3 for the assessment and the case handling.
9. Diplomats
When diplomats who are subject to a visa requirement are set to take up a position at a diplomatic mission in Norway, they must be considered for an entry visa (D-visa) in accordance with the procedures set out in UDI 2010-004 Entry visa for foreign nationals affiliated to diplomatic or consular missions.
10. Entry visa fee
Applicants shall not pay an application fee. External service providers can charge a service fee on agreement with the Ministry of Foreign Affairs.
Applicants who apply for an entry visa for the purpose of applying for a residence permit from Norway (see section 7 above) shall nonetheless pay a fee corresponding to the fee charged for a Schengen visa application, see the Immigration Regulations Section 17-12 third paragraph.
Topic
- Visa
- Special measures to prevent communicable diseases
Recipient
- The Norwegian police
- The Norwegian Directorate of Immigration (UDI)
- The foreign service missions
Owner
- The Managed Migration Department
Source of law
- Guideline