Norway is not a member of the EU, but it is part of the European Economic Area (EEA). Under the EEA Agreement, companies established in one EEA country can provide services in another EEA country and establish themselves there. This also affects employees of those companies who are not EEA nationals. This article explains the right of residence for such employees when they are sent to Norway as service providers (posted workers) or as business establishers, as of the review date.
Who is covered?
Under Section 110 fourth paragraph of the Immigration Act, a foreign national who is not otherwise covered by the EEA rules, but who is an employee of an undertaking established in an EEA country, is covered by chapter 13 of the Act, as far as relevant to the assignment in Norway, when they:
will carry out work under the EEA rules on the free movement of services; or
will establish themselves under the EEA rules on the freedom of establishment.
Section 19-8 of the Immigration Regulations sets out the conditions in more detail.
Posted workers (service provision)
Under Section 19-8 first paragraph, a non-EEA national sent to Norway in connection with the provision of services has a right of residence when they:
(a) are a posted worker for a limited period, see Section 1-7 of the Working Environment Act and Section 2 first paragraph of the Regulations on posted workers;
(b) carry out an assignment in Norway on behalf of an undertaking established in another EEA or EFTA country that carries on genuine business there, see Section 2 second paragraph of the Regulations on posted workers; and
(c) have lawful residence with the right to work in the sending country and the right to return there.
Whether a particular posting arrangement – for example the hiring out of workers – falls within these rules depends on the Working Environment Act and the specific facts. Seek advice if the arrangement involves several companies.
Business establishers
Under Section 19-8 second paragraph, a non-EEA national sent to Norway in connection with the establishment of a business has a right of residence when they:
(a) are employed by an undertaking established in another EEA or EFTA country;
(b) hold a managerial position or have special competence that is decisive for the undertaking’s ability to establish itself in Norway; and
(c) have lawful residence with the right to work in the sending country and the right to return there.
Stays of up to three months
Under Section 111 second paragraph of the Immigration Act, a foreign national covered by Section 110 fourth paragraph who holds a valid passport has a right of residence for up to three months. As for EEA nationals, this assumes that the person does not become an unreasonable burden on public welfare schemes (Section 111 first paragraph).
Stays of more than three months
Under Section 114 second paragraph of the Immigration Act, the person has a right of residence for more than three months as long as the stay is part of providing a service or is necessary for establishing a business in Norway. Section 19-16 first paragraph of the Regulations specifies that this applies as long as the service assignment is documented to last, or it can be documented that the person is necessary for the establishment.
The residence card
Duty to apply
A person who stays in Norway on this basis for more than three months must apply for a residence card. The deadline is three months from the date of entry (Section 118 first paragraph of the Immigration Act and Section 19-24 first paragraph of the Regulations).
The residence card is a confirmation of an existing right of residence. It is not a residence permit (Sections 114 and 118 of the Immigration Act).
The application may be submitted through a Norwegian foreign service mission, to the police in the district where the applicant lives, or at a Service Centre for Foreign Workers (SUA) (Section 19-24 first paragraph). The applicant is to receive a receipt immediately confirming that a complete application has been submitted. While the application is being processed, the applicant must notify the police in writing of any change of address.
Documentation
Under Section 118 third paragraph of the Immigration Act, the application must include:
a valid passport; and
documentation that the person will carry out work under the EEA rules on the free movement of services, or will establish themselves under the EEA rules on the freedom of establishment.
UDI provides a list of the documents normally required, such as the employment contract, the contract with the client in Norway and documentation of the establishment. Follow the current checklist on udi.no.
Decision and processing time
Where there is no doubt that the conditions are met, the police may grant the application. Otherwise, UDI decides whether a residence card is to be issued (Section 19-24 second paragraph). A decision not to issue a residence card is an individual decision (enkeltvedtak) that can be appealed (Section 19-24 third paragraph). An application for a residence card is to be decided within six months after it has been submitted (Section 118 fourth paragraph of the Immigration Act).
Validity
Under Section 19-24 fourth paragraph of the Regulations, the residence card is valid for the period that the service provision or establishment is documented to last, up to one year at a time.
Limitations
The right of residence as a service provider or establisher does not form a basis for family immigration or for a permanent right of residence (Section 19-16 second paragraph of the Regulations).
Refusal of entry and expulsion
A service provider or establisher covered by Section 110 fourth paragraph who does not have a right of residence under Section 111 second paragraph or Section 114 second paragraph may be refused entry under Sections 16, 17 and 18 of the Immigration Act and expelled under chapter 8 of the Act (Section 19-5 second paragraph of the Regulations). A person who does have such a right of residence may be refused entry where there are grounds for expulsion (Section 121 second paragraph), and may be expelled where required by considerations of public order or security under the stricter EEA rules in Section 122 of the Immigration Act.
How we can help
We advise companies and employees on posting, establishment and residence cards under the EEA rules. 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.
