The EEA Agreement forms the foundation for EEA citizens' right to residence and work in Norway. Since the agreement came into force in 1994, it has created an extensive legal framework that gives citizens from EU/EEA countries significantly more rights than third-country nationals.
The Legal Basis for EEA Citizens' Right of Residence
EEA citizens' right to residence in Norway is anchored in Chapter 13 of the Immigration Act, which implements EU Directive 2004/38/EC (often referred to as the "Union Citizenship Directive" or the "Directive on Free Movement of Persons"). This directive represented a significant development of EEA law by:
Replacing previous systems for residence permits with a simpler registration scheme
Introducing the concept of "permanent right of residence" after five years of lawful residence
Strengthening protection against expulsion for people with long-term residence
Extending rights for family members, even in cases of death, departure, or divorce
A central legal difference from the general immigration regulations is that EEA citizens derive their right of residence directly from the EEA Agreement, regardless of national implementation. This means that the right of residence exists independently of formal registration or decisions from Norwegian authorities, as long as the conditions for residence are met.
Different Categories of Residence Rights and Conditions
The EEA regulations establish different categories of residence rights with specific legal conditions for each category:
1. Right of residence for up to three months (Immigration Act § 111)
This right is almost unconditional and requires only:
Valid passport or identity card
That the EEA citizen does not become an "unreasonable burden on public welfare schemes"
The term "unreasonable burden" is further defined in the Immigration Regulations § 19-10 as cases where "economic social assistance is used to an unusually large extent." This means that short-term or limited use of welfare benefits does not in itself result in loss of residence rights. This has been confirmed through the practice of the EU Court of Justice, which has established that isolated instances of need for social assistance do not qualify as an "unreasonable burden."
For job-seeking EEA citizens, this period is extended to six months, with the possibility of further extension if the person can document real job opportunities.
2. Right of residence beyond three months (Immigration Act § 112)
For longer stays, the EEA citizen must belong to one of the following categories:
a) Employees and self-employed persons
Also includes employees who become temporarily incapacitated due to illness or accident
Includes people who become involuntarily unemployed after more than one year of work
For these groups, there is no requirement for self-sufficiency
b) Service providers
People who provide services in Norway but are established in another EEA country
c) People with sufficient means
Must be able to support themselves and any family members
"Sufficient means" is assessed individually based on personal circumstances
A specific amount cannot be set as a condition, cf. the practice of the EU Court of Justice
d) Students
Must be admitted to an approved educational institution
Must have sufficient means for maintenance
Must have health insurance that covers all risks
3. Permanent right of residence (Immigration Act §§ 115-116)
After five years of continuous lawful residence, the EEA citizen and their family members achieve permanent right of residence. This provides:
Residence regardless of the original basis for residence
Enhanced protection against expulsion
Full equality with Norwegian citizens regarding social rights
Permanent right of residence only lapses after residence outside Norway for more than two consecutive years.
Special Legal Rules for Illness, Unemployment, and Death
The EEA regulations contain special protection mechanisms to ensure continuity of residence rights in unforeseen events:
In case of illness or accident
An EEA citizen who has been economically active maintains their status as an employee or self-employed person when temporarily incapacitated as a result of illness or accident. In case of permanent disability, the person can achieve permanent right of residence before the expiry of the five-year deadline, provided that they have resided continuously in Norway for at least two years.
In case of unemployment
Here, the regulations distinguish between:
Involuntary unemployment after more than one year of work: The right of residence is preserved indefinitely as long as the person is registered as a job seeker with NAV
Involuntary unemployment within 12 months: The right of residence is preserved for six months
In case of death
If an EEA citizen who was an employee or self-employed dies before achieving permanent right of residence, family members who resided in Norway with the person can retain their right of residence if:
The EEA citizen had resided in Norway for at least two years before death, or
The death was due to a work accident or occupational disease, or
The surviving spouse is a Norwegian citizen or lost their Norwegian citizenship upon marriage
Legal Position of Family Members
The EEA regulations provide extensive rights to family members, regardless of their own citizenship. This differs significantly from the general regulations for family immigration and reflects the EEA Agreement's fundamental purpose of free movement.
Who is considered a family member? (Immigration Act § 110)
Spouse or cohabiting partner
Children under 21 and dependent children over 21
Dependent parents (of the EEA citizen or their spouse/partner)
The Immigration Regulations § 19-7 extends the category to also include foster children, siblings, persons who will marry after entry, as well as other dependent persons in need of care under certain conditions.
Particularly about family members who are third-country nationals
Family members who are themselves third-country nationals have the right to residence as long as the EEA citizen's right of residence exists. They must apply for a residence card that documents this right.
Upon termination of the family relationship (divorce, separation, or death), family members can, under certain circumstances, retain their right of residence on an independent basis. For children attending school in Norway, and their caregiver, this right is particularly strong.
The Registration Scheme - Legal Consequences and Limitations
A central element of the Union Citizenship Directive was the transition from a system with residence permits to a registration scheme. This represents a paradigm shift in legal thinking: EEA citizens have the right of residence directly from the EEA Agreement, and registration is only a formality that confirms an already existing right.
Registration obligation and documentation requirements (Immigration Act § 117)
EEA citizens residing in Norway for more than three months must register
The deadline for registration is three months from the date of entry
Documentation requirements vary depending on the basis for residence
Lack of registration can only be sanctioned with fines, not with withdrawal of the right of residence
For employees, confirmation from the employer is required; for self-sufficient persons, documentation of sufficient means is required; for students, confirmation of study place and self-declaration of sufficient means are required.
Limitations in authorities' control
An important legal distinction is that the registration certificate only confirms a right that already exists. Norwegian authorities cannot refuse registration if the conditions for residence are met, and lack of registration does not affect the underlying right of residence.
This is in sharp contrast to the system for third-country nationals, where the residence permit is constitutive for the right of residence.
Expulsion and Rejection - Enhanced Legal Protection
EEA citizens and their family members enjoy enhanced protection against expulsion and rejection compared to third-country nationals. This protection increases with duration of residence and degree of integration.
Basic conditions for expulsion (Immigration Act § 122)
Expulsion can only occur when there are:
Considerations of public order or security
Considerations of public health (only upon recent arrival)
Expulsion must be proportionate and can only be justified by the person's personal circumstances. A criminal act alone does not provide grounds for expulsion - there must be "personal circumstances that involve a real, immediate, and sufficiently serious threat to fundamental societal considerations."
Graduated protection based on duration of residence
With permanent right of residence (after five years): Expulsion can only occur if "weighty considerations of public order or security indicate it"
With residence for more than ten years or for minors: Expulsion can only occur when it is "absolutely necessary for reasons of public security"
These terms - "weighty considerations" and "absolutely necessary" - represent high legal thresholds, and the EU Court of Justice has emphasized that they should be interpreted restrictively.
