Family immigration allows foreign nationals to obtain a residence permit in Norway on the basis of a family relationship with a person living in Norway, referred to as the reference person (Section 39 of the Immigration Act). The rules distinguish in practice between family reunification, where the family relationship existed before the reference person came to Norway, and family formation, where the relationship is established afterwards. This article explains the main rules in the Immigration Act (utlendingsloven) and the Immigration Regulations (utlendingsforskriften) as of the review date.
Legal framework and background
The Immigration Act of 15 May 2008 No. 35 entered into force on 1 January 2010. Family immigration is regulated in Chapter 6 (Sections 39 to 53). The provisions fall broadly into three groups:
provisions that give a right to a residence permit when the conditions are met (Sections 40 to 45);
provisions under which a permit may be granted (Sections 46 to 49); and
provisions on the age of children, refusal grounds, contact with children and continued residence on an independent basis (Sections 50 to 53).
Family members of EEA nationals are regulated by the separate EEA rules in Chapter 13 of the Act, not by Chapter 6. No international convention gives an unconditional right to family immigration. Norwegian authorities must nevertheless respect Article 8 of the European Convention on Human Rights (respect for private and family life) and the UN Convention on the Rights of the Child, including the principle that the best interests of the child shall be a fundamental consideration.
Residence permits for spouses
Under Section 40, a spouse aged 18 or over has a right to a residence permit when the reference person is:
a Norwegian or Nordic citizen who resides, or will reside, in Norway;
a foreign national with a permanent residence permit;
a foreign national with a residence permit that may form a basis for permanent residence; or
a foreign national with collective protection under Section 34, as long as the scheme has not ended.
Unless special circumstances indicate otherwise, it is a condition that the spouses will live together. The conditions are the same regardless of whether the spouses are of the same or opposite sex.
The 24-year requirement
Under Section 41 a, in force since 1 January 2017, both parties must have reached 24 for a permit under Sections 40 and 41. The requirement does not apply where the parties were married or lived in an established cohabitation before the reference person entered Norway, or where they married or lived together in Norway while both held a residence permit or Norwegian or Nordic citizenship. An exception may be made where it is obvious that the marriage is voluntary. Where the 24-year requirement does not apply, both parties must still be at least 18.
The four-year work or education requirement
Under Section 40 a, a reference person who holds a permit on the basis of asylum, resettlement, collective protection, strong humanitarian considerations or family immigration, or a permanent permit based on these, must have worked or studied in Norway for at least four years before a spouse can be granted a permit. The requirement does not apply where the parties were married, or had conceived a child together, before the reference person entered Norway, or where this happened while both held residence permits in Norway. An exception may be made where special reasons, including family unity, apply. The requirement does not apply to Norwegian or Nordic citizens or to reference persons who hold other permit types, such as a skilled worker permit.
What counts as qualifying activity is set out in Section 9-1 of the Regulations. It includes paid work, education and certain integration and qualification programmes, and periods with certain National Insurance benefits. Since 1 September 2026, a calendar year also counts as full-time work where the reference person’s total employment income for that year corresponds to the previous-income requirement for family immigration; the same applies to each month in which one twelfth of that income was earned. Reference persons aged 67 or over are exempt.
Interview of the reference person
Where an application is made under Section 40 or Section 41, and the marriage was entered into or the cohabitation established abroad after the reference person first settled in Norway, a permit cannot be granted until the reference person has returned to Norway and been interviewed by the immigration authorities (Section 56 fourth paragraph). This does not apply where the application concerns a spouse and the reference person was interviewed in connection with the case before the marriage, or where the applicant has a right to enter Norway without a visa.
Under Section 10-5 of the Regulations, the interview requirement also does not apply where the reference person was 25 or older when the marriage was entered into, holds a skilled worker permit under Section 6-1 first paragraph, or where the parties have lived in an established cohabitation while both held residence permits in Norway. An exception may also be made where special reasons apply.
Grounds for refusal
A permit may be refused if it is more likely than not that the main purpose of the marriage was to establish a basis for residence in Norway for the applicant (Section 40 fourth paragraph). A permit may also be refused where the parties have no common child and have not lived in an established cohabitation, if it is most likely that the applicant or the applicant’s children will be abused or grossly exploited (Section 40 fifth paragraph). Where the reference person has married more than one spouse, only one of them may be granted a permit, and no permit may be granted if the reference person is already married to someone living in Norway. A permit may also be refused where the reference person has previously been married to someone else and it is most likely that the former spouses intend to continue their relationship (Section 40 seventh paragraph).
Section 51 contains further refusal grounds. A permit may be refused where it would be contrary to the basis on which the reference person was granted a permit, where the reference person does not consent, or where it is likely that the marriage was entered into against the will of either party. For reference persons with refugee status, resettlement or collective protection, a permit may also be refused where family life can be exercised in a safe third country to which the family as a whole has a stronger connection.
Permit to enter into marriage
Under Section 48, a person who will marry a reference person in Norway may be granted a residence permit for up to six months. Both parties must be over 24; where the exceptions in Section 41 a apply, both must be over 18. Section 40 a applies correspondingly.
The applicant must document that there is no impediment to the marriage (Section 9-5 of the Regulations). The permit does not form a basis for permanent residence and cannot be extended or renewed.
Residence permits for cohabitants
Under Section 41, an applicant aged 18 or over who has lived with the reference person in an established cohabitation for at least two years, and who will continue the relationship, has a right to a residence permit. Cohabitation in Norway is counted only if the stay was lawful (Section 9-2 of the Regulations). Neither party may be married, unless there are lasting obstacles to divorce.
A couple who have a child together has a right to a permit even if the two-year period is not met; the four-year requirement in Section 40 a then applies, unless the child was conceived before the reference person entered Norway or while both held residence permits. A couple expecting a child together may be granted a permit but have no right to it. The 24-year requirement in Section 41 a applies to cohabitants as well.
Children and parents
Children
Under Section 42, a child under 18 without a spouse or cohabitant has a right to a residence permit when both parents have, or will have, a permit as described in Section 40 first paragraph. Where only one parent has such a permit, the child has a right to a permit unless the child’s best interests weigh against it. The reference person must have parental responsibility, alone or jointly with the other parent.
Where responsibility is shared, the other parent must consent, unless consent is impossible to obtain or special reasons indicate that a permit should be granted in any event. The same applies to children adopted under foreign law or Norwegian adoption law, provided the Norwegian Directorate for Children, Youth and Family Affairs (Bufetat) consented before the child came to Norway. Whether a child is under 18 is assessed at the time the complete application is received (Section 50).
Parents and siblings
Parents may qualify in the following situations:
parents of a child under 18 who has a permit on the basis of asylum or collective protection, and siblings under 18 living with them (Section 43). The provision was amended with effect from 1 August 2025;
a mother or father of a Norwegian child under 18 who has parental responsibility and lives permanently with the child (Section 44);
a mother or father who will have contact with a Norwegian child living with the other parent in Norway, subject to the conditions in Section 45; and
a mother or father of an adult reference person in Norway may be granted a permit if the parent is over 60 and has no spouse, cohabitant or relatives in the ascending or descending line in the home country (Section 46). This is a “may” provision.
Other family members may be granted a permit where strong humanitarian considerations apply (Section 49).
The income requirement
As a main rule, the reference person must meet an income requirement (Section 58 of the Act and Sections 10-8 to 10-11 of the Regulations). The requirement has two parts:
Future income: The reference person must have, or be expected to have, income of a set level for at least one year from the time the permit is granted (Section 10-8). Income from work, sick pay and certain other National Insurance benefits, pensions and student loans or grants count; financial social assistance does not.
Previous income: The reference person must have had income of a set level in the last year, according to the most recent tax assessment (Section 10-9). Benefits under the Integration Act are not counted.
The required levels are expressed as a multiple of the National Insurance basic amount (G) and are adjusted when G changes. The requirement was amended with effect from 2025, with transitional rules for some applications. Check the current figures and transitional rules on udi.no before applying.
In some cases, the applicant’s own lawful income in Norway may also be taken into account. For spouses and cohabitants, the requirement cannot be met through a guarantee from a third party.
Exceptions
Under Section 10-8 fourth paragraph, the requirement does not apply in certain cases, including where:
the reference person has refugee status or collective protection and the applicant is a family member; for spouses and cohabitants, the relationship must have existed before the reference person entered Norway. The application must normally be submitted within six months after the reference person was granted the permit, and the applicant must attend and submit the necessary documents within one year (Section 10-8 fifth paragraph);
the reference person is under 18; or
the applicant is a child under 15 without care persons in the home country.
The requirement on previous income does not apply in certain situations listed in Section 10-9 third paragraph, including where the reference person is in full-time higher education, completing military or civilian service, receives a pension, or holds a skilled worker permit under Section 6-1 first paragraph or a self-employed permit under Section 6-18. Under Section 10-11, an exception may be made where particularly strong humanitarian considerations apply. An exception may also be made where it is obvious that the parties can be supported; for spouses, this requires that the marriage is obviously voluntary. Separate exceptions apply where the reference person is a student or a researcher with own funds.
Housing
The requirement for secured housing in family cases applies only to applications under Sections 46 to 49 (Section 10-12 fourth paragraph of the Regulations). It does not apply to ordinary applications from spouses, cohabitants or children.
Continued residence after the relationship ends
A person whose permit is based on marriage or cohabitation may in some cases be granted a new permit:
on the basis of contact with a child under Section 52, where the person has parental responsibility for a child under 18 and a new permit is necessary to continue contact with the child in Norway; the conditions include one year of residence with a permit and contact of a certain extent, as set out in Section 9-3 of the Regulations; or
on an independent basis under Section 53, where the relationship has ended because of the reference person’s death, or where there is reason to believe that the applicant or the applicant’s children have been abused in the relationship, including by members of the household.
A permit on an independent basis may also be granted where the applicant, as a result of the breakdown, would face unreasonable difficulties in the home country because of social or cultural conditions there.
How we can help
We advise applicants and reference persons on family immigration, the income requirement and appeals. Contact us if you would like Advokatfirmaet Sterk AS to look at your situation.
This article provides general information as of 29 October 2026 and is not legal advice for your specific situation.
