Norway has a documented need for skilled labor, and the Immigration Act contains specific provisions that facilitate such labor immigration. The regulations balance the consideration of labor market needs against the need for regulated immigration and protection of working conditions.
The Legal Framework for Skilled Labor Immigration
Residence permits for skilled workers are primarily regulated through Section 23 of the Immigration Act and Section 6-1 of the Immigration Regulations. This regulatory framework is the result of a gradual development since the introduction of the "temporary immigration stop" in 1975, which in reality was not a complete stop, but a transition to more selective labor immigration based on Norway's needs.
Section 23 of the Immigration Act establishes the general conditions that apply to all workers, while Section 6-1 of the Immigration Regulations defines the specific conditions for skilled workers. The provision is formulated as a legal claim, which means that if the conditions are met, the applicant has a legal right to a residence permit.
The Competence Requirement: Definition and Practice
The core of the regulations for skilled workers is the competence requirement in Section 6-1, first paragraph of the Immigration Regulations. A worker must meet one of the following alternative conditions:
1. Vocational Education
To be considered "vocationally educated," the foreigner must document:
Completed three-year vocational education at upper secondary school level, within the profession for which the applicant has a job offer
Certificate of apprenticeship within a relevant field
Completed education from a college or university
It is important to note that general education does not qualify; the education must be vocational. Historically, the requirement has varied - previously there was a requirement for higher education, but this was lowered to three-year upper secondary level to meet the need for labor in sectors including healthcare and IT.
When evaluating foreign education, an equivalence principle is applied - the education must provide comparable competence to Norwegian education. If a similar vocational education in Norway has a duration of four years (typically two years of theory and two years of practice), the foreigner must be able to document education of the same duration.
2. Special Qualifications
This alternative applies in two main situations:
a) For professions where formal education exists in Norway, but where the applicant does not have such education:
The foreigner must have acquired competence approximately equal to the level of such education through practical experience
The practical experience must, as a main rule, be of longer duration than the formal education
Strict requirements are set for documentation through comprehensive certificates
b) For professions where no formal education exists in Norway:
The practical experience must be in nature and scope on par with what can be considered vocational education
Normally, several years of targeted competence development is required
Typical examples are "sweet makers" from countries like Pakistan and India, where at least 10 years of work experience is required
The Relevance Requirement: A Central Limitation
It is not sufficient that the worker has vocational education or special qualifications; the competence must also be "relevant for the position" (Immigration Regulations § 6-1, first paragraph, letter a). This means that:
The offered position must require vocational education or special qualifications
The competence possessed by the foreigner must be necessary to perform the work
The salary level must correspond to the fact that the position requires professional competence
In the assessment, the immigration authorities look at:
Job description and work tasks
Employer's statement about competence requirements
Salary level compared to the normal level for skilled workers in the industry
The relevance requirement functions as a legal barrier against circumvention of the regulations, by preventing skilled workers from being employed in positions that are actually unskilled. In practice, the immigration authorities have rejected applications where the salary level indicates that the position does not require professional competence, even if the applicant has such competence.
The Authorization Requirement for Regulated Professions
For professions where qualification requirements are stipulated by law or regulation, the foreigner must have approval or authorization from the relevant professional authority (Immigration Regulations § 6-1, first paragraph, letter b). This applies, for example, to:
Healthcare personnel (authorization from the Norwegian Registration Authority for Health Personnel)
Electricians (approval from the Directorate for Civil Protection and Emergency Planning)
Lawyers, veterinarians, architects, etc.
This requirement reflects that labor immigration cannot circumvent national qualification requirements that are established for the sake of safety, health, or quality. The approval process varies between professions and can be time-consuming, which must be taken into account in the application process.
Enhanced Competence Requirements for Specific Professional Groups
For certain professional groups, an enhanced competence requirement applies according to Immigration Regulations § 6-1, second paragraph. This includes:
Religious Leaders and Teachers (priests, imams, etc.)
For these, professional education at a higher level than upper secondary school is required. The background is partly evidentiary concerns (difficult to verify religious competence at a lower level) and partly that formal education is desired for religious leaders.
National Chefs
"National chef" is the term for a chef who will work at a national restaurant, i.e., an establishment that only offers food from one country. Here, as a main rule, 10 years of work experience as a chef in the home country is required. This strict requirement is introduced to ensure authentic cooking competence and prevent circumvention of the regulations.
Permits issued under Immigration Regulations § 6-1, second paragraph (enhanced competence requirement) apply, unlike ordinary skilled worker permits, for "a specific job for a specific employer," which means that the foreigner must apply for a new permit when changing employers.
The Quota System and Labor Market Assessment
According to Immigration Regulations § 6-1, first paragraph, letter c, the applicant must be covered by the quota for skilled workers, or alternatively, the position must not be able to be filled by domestic labor or labor from the EEA/EFTA area.
The quota is set annually by the Ministry of Labor and Social Affairs and has in recent years been 5,000 people. This quota has never been filled, which means that in practice, an individual labor market assessment is not conducted when processing applications for skilled worker permits.
