Scope and Historical Development
Since 1990, family immigration has accounted for approximately 40% of the total non-Nordic immigration to Norway. In the period 1990-2015, family reunification (reunification of already existing family relationships) constituted 60% of family immigration, while family formation (establishment of new family relationships) constituted 40%.
The number of family immigration permits reached its highest level towards the end of the Immigration Act of 1988, with over 20,000 approvals in 2008. From 2009 to 2010, the number fell dramatically from 18,112 to 9,988, mainly because EEA citizens under the new Immigration Act no longer needed residence permits to live with family members in Norway.
This change has also affected which nationalities dominate the statistics. While Polish and German citizens topped the list before the regulatory change, Somalia, Thailand, the Philippines, Eritrea, and India have been among the nationalities with the most family immigration permits since 2010.
It is primarily spouses and children who receive permits through family immigration. In 2016, these groups together accounted for approximately 82% of the total number of family immigration permits, and when persons who received permits to enter into marriage are included, the proportion rises to around 87%.
Structure of the Regulations
Norwegian Regulations
In the Immigration Act of 2008, the rules on family immigration are placed in Chapter 6 (§§ 39-53). This law regulates family immigration to a greater extent through statutory provisions than the previous Immigration Act of 1988, where many central rules were regulated in the regulations. This makes the regulations more clear and more easily accessible for affected parties.
The provisions are divided into two main groups:
Those that give the right to a residence permit when the conditions are met (§§ 40-45)
Those that provide the possibility of a residence permit, so-called "may rules" (§§ 46-49)
In addition, there are special provisions on the cut-off point for when an applicant or reference person is considered to be under 18 years of age (§ 50), as well as exceptions to the right to family immigration (§ 51).
The provisions in §§ 52-53 deal with situations where the applicant has had a permit that expires, but where there is a basis for giving a new permit on a new basis, for example based on visitation arrangements with children or after relationship breakdown due to death, abuse, or forced marriage.
Relationship to International Regulations
Although there are no international conventions that give an absolute right to family immigration, Norwegian authorities are nevertheless limited by several international obligations. The most important are:
The European Convention on Human Rights (ECHR) Article 8, which gives the right to respect for private and family life
The UN Convention on the Rights of the Child (CRC) Articles 3, 9, and 10, which, among other things, state that the best interests of the child shall be a primary consideration and that applications for family reunification shall be dealt with in a "positive, humane and expeditious manner"
The EU Family Reunification Directive is not binding for Norway, but it still has significance for the development of Norwegian regulations, partly due to the desire for harmonization with other European countries.
Residence Permits for Spouses
Immigration on the basis of marriage is the most common form of family immigration and in 2011 accounted for 47% of total family immigration. The conditions are the same regardless of whether the marriage is entered into between persons of the same or opposite sex.
General Conditions
For a spouse to receive a residence permit, the reference person must be:
Norwegian or Nordic citizen residing or who will reside in Norway
Have a permanent residence permit or a residence permit that can provide a basis for a permanent permit
Have residence through collective protection (as long as the protection has not ceased)
Both spouses must be at least 18 years old, and from 2017, a 24-year requirement applies for family formation. This requirement was introduced to counteract forced marriages. The clear main rule is that the spouses should live together in Norway, but exceptions can be made in special cases, for example for work abroad for Norwegian interests or humanitarian organizations.
Special Provisions
Marriages of Convenience
A central ground for refusal is suspicion of a marriage of convenience. Section 40, fourth paragraph of the Immigration Act provides legal basis to refuse a residence permit if "the main purpose" of the marriage is to secure the applicant a basis for residence in Norway. The standard of proof is a preponderance of evidence, and it is the authorities who bear the burden of proof.
Factors that may indicate a marriage of convenience include limited contact before the marriage, limited knowledge about each other, no common language, a large age difference, payment for the marriage, or that the applicant has previously tried to obtain residence on another basis.
In 2011, applications were rejected on the basis of marriage of convenience assessments in 119 cases, while in the same year, over 6,000 permits were granted on the basis of marriage.
Prohibition Against Bigamy
Polygamy is not permitted in Norway. If a reference person has more than one spouse, only one of them can receive a residence permit through family immigration. If a divorce is obtained to bring a new spouse to the country, but the first couple in reality continues to live together, this will be affected by the bigamy prohibition.
Requirement of Four Years of Work or Education
Section 40a of the Immigration Act stipulates that the reference person in certain cases must be able to demonstrate four years of work or education before the spouse can receive a residence permit. This requirement only applies to family formation, not to family reunification.
The requirement applies to reference persons who have received protection, come as resettlement refugees, received collective protection, residence permits on humanitarian grounds, or come through family immigration rules. Persons who are Norwegian or Nordic citizens, or who have come as labor immigrants, are exempt.
Interview of the Reference Person
A person who is resident in Norway and enters into marriage abroad must return to Norway for an interview with Norwegian immigration authorities before the spouse can receive a residence permit. This is a measure against forced marriages and is intended to give persons who have been forced into marriage the opportunity to come to Norway without their spouse.
Fiancé Visa
Foreigners who intend to marry a reference person in Norway can receive a residence permit for up to six months to enter into the marriage. The permit gives the right to work but does not provide a basis for a permanent permit and cannot be renewed.
Residence Permits for Cohabitants
An applicant who has lived in a permanent relationship with a reference person for at least two years has the right to a residence permit when they intend to continue the relationship. Both cohabitation abroad and in Norway count in the calculation, but for cohabitation in Norway, only legal residence time counts.
If the couple does not meet the requirement of two years of cohabitation but has children together, the applicant will still have the right to a residence permit. Applicants who are expecting a child with a reference person may be given a permit but do not have a legal claim.
Cohabitants must meet the same age requirements as spouses, and neither party can be married for a permit to be granted, unless there are permanent obstacles to obtaining a divorce.
Family Immigration Between Parents and Children
Residence Permits for Children
Children under 18 who are not married or have a cohabitant can receive a residence permit to live with their parents in Norway. If both parents have residence permits, the child has the right to a permit. If only one parent has a residence permit, it is decisive that this parent has parental responsibility. In the case of shared parental responsibility, consent must be obtained from the other parent.
In cases where only one parent is residing in Norway, a permit should not be granted if the best interests of the child speak against it. In accordance with the rules on bigamy, a residence permit can only be given to more than one child if they are full siblings.
Residence Permits for Parents
Family Reunification with Children Who Have Protection Needs
Parents of children who have been granted residence due to protection needs have the right to a residence permit. This does not apply if the child has been granted residence due to strong humanitarian considerations. The distinction is due to the fear that children without protection needs are sent to Norway to create an "anchor" for the family.
Family Reunification with Norwegian Children
A mother or father of a Norwegian child under 18 has the right to a residence permit if the applicant has parental responsibility and lives permanently with the child. This right is limited by provisions that are intended to prevent cases of bigamy.
Visitation with Norwegian Children
A foreign parent who is to have visitation with a Norwegian child after a relationship breakdown has the right to a residence permit if the person has had close contact with the child in the past year, has visitation rights of a certain extent, and can make it probable that future visitation will take place.
Elderly Parents
A mother or father over 60 years who has adult children in Norway may be granted a residence permit if the person is single and does not have relatives in ascending or descending line in the home country.
Maintenance Requirement in Family Immigration Cases
As a main rule, there is a requirement for secured maintenance to be granted family immigration. This means that the reference person must make it probable that they have an income equivalent to 88% of pay grade 19 in the state's pay scale (256,256 kroner as of May 1, 2017).
According to current rules, in principle, only the reference person can meet the maintenance requirement, fulfillment of the requirement is also required in the year before the permit is granted, and the reference person must not have received social assistance in the past year.
There are several exceptions to the maintenance requirement, including:
For a spouse, cohabitant, or child under 18 to a reference person with refugee status (applies only in family reunification cases)
For children under 15 without caregivers in the home country
When the reference person is under 18 years
In addition, exceptions can be made in cases of particularly strong humanitarian considerations.
Continued Residence Permit After Relationship Breakdown
If a residence permit based on marriage or cohabitation ceases before a permanent residence permit is obtained, there are provisions that ensure continued residence in certain cases:
Visitation Arrangements with Children
If the parties have children together, the one who does not have permanent residence can receive a continued residence permit based on visitation arrangements with the child.
Independent Basis
A foreigner has the right to continued residence permit if:
The spouse or cohabitant dies
The person has been abused in the relationship
The marriage ceases because it was entered into under coercion
It is also possible to receive a permit if a relationship breakdown will lead to unreasonable difficulties in the home country due to social or cultural conditions.
Conclusion
Family immigration is a complex legal area that affects many people's lives. The regulations balance the consideration of family unity against immigration regulatory considerations and clearly distinguish between reunification of already existing family relationships and the establishment of new family relationships.
Since 1990, family immigration has accounted for a significant part of immigration to Norway, and despite tightening of the regulations, this form of immigration continues to be important. At the same time, regulatory changes, such as the lapse of residence permits for EEA citizens' family members and the introduction of the 24-year requirement and four-year requirement, have affected both the extent and composition of family immigration.
The regulations are designed to balance various considerations, including the right to family life, protection against forced marriages and abuse, prevention of marriages of convenience and bigamy, as well as consideration of the best interests of the child. This balancing act makes family immigration a politically contentious area, while it is of great importance for the many thousands of people who annually apply to be reunited with their family members in Norway.
