EU/EEA Citizens' Rights and Right of Residence in Norway – The Immigration Act

The EEA Agreement constitutes the foundation for EEA citizens' right to reside and work in Norway. Since the agreement came into effect in 1994, it has created a comprehensive legal framework that grants citizens from EU/EEA countries far more rights than third-country nationals.

The legal basis for EEA citizens' right to reside

EEA citizens' right to reside in Norway is anchored in the Immigration Act Chapter 13, which implements EU Directive 2004/38/EC (often referred to as the "Citizens' Directive" or the "Directive on Free Movement of Persons"). This directive represented a significant development of EEA law by:

1. Replacing previous systems of residence permits with a simpler registration system

2. Introducing the concept of "permanent residency" after five years of lawful residence

3. Strengthening protection against expulsion for persons with long-term residence

4. Extending rights for family members, also in cases of death, departure, or divorce

A central legal distinction from the general immigration regulations is that EEA citizens obtain their right to reside directly from the EEA Agreement, independent of national implementation. This means that residency rights exist regardless of formal registration or decisions from Norwegian authorities, provided the conditions for residence are met.

The different categories and conditions of residency rights

The EEA framework establishes different categories of residency rights with specific legal conditions for each category:

1. Residency right up to three months (Immigration Act § 111)

This right is almost unconditional and only requires:

• 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 unusual extent." This implies that short-term or limited use of welfare benefits does not in itself lead to loss of residency rights. This is confirmed by the EU Court's practice, which has established that single instances of need for social assistance do not qualify as an "unreasonable burden."

For job-seeking EEA citizens, this period can be extended to six months, with the possibility for further extension if the person can document real job opportunities.

2. Residency right 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 unfit for work due to illness or accident

• Includes persons who become involuntarily unemployed after more than one year of work

• For these groups, self-sufficiency is not required

b) Service providers

• Persons performing services in Norway while established in another EEA country

c) Persons with sufficient means

• Must be able to support themselves and any family members

• "Sufficient means" are assessed individually based on personal circumstances

• A specific amount cannot be set as a condition, according to the EU Court's practice

d) Students

• Must be enrolled at an accredited educational institution

• Must have sufficient funds for maintenance

• Must have health insurance covering all risks

3. Permanent residency (Immigration Act §§ 115-116)

After five years of continuous lawful residence, the EEA citizen and their family members obtain permanent residency. This provides:

• Residence independent of original grounds for residency

• Strengthened protection against expulsion

• Full equality with Norwegian citizens in terms of social rights

Permanent residency is only lost if residing outside Norway for more than two consecutive years.

Legal special rules in cases of illness, unemployment, and death

The EEA framework contains specific protective mechanisms to ensure continuity of residency rights in unforeseen circumstances:

In case of illness or accident

An EEA citizen who has been occupationally active retains their status as an employee or self-employed person when temporarily unfit for work due to illness or accident. In cases of permanent unfitness, they may achieve permanent residency before the five-year deadline, provided they have continuously resided 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: Residency right is maintained indefinitely as long as registered as a job seeker with NAV

• Involuntary unemployment within 12 months: Residency right is maintained for six months

In case of death

If an EEA citizen who was an employee or self-employed person dies before achieving permanent residency, family members residing in Norway with them can retain their residency rights if:

• The EEA citizen had resided in Norway for at least two years before the death, or

• The death was due to a work accident or occupational disease, or

• The surviving spouse is a Norwegian citizen or has lost their Norwegian citizenship due to marriage

The legal status of family members

The EEA framework grants extensive rights to family members, regardless of their own citizenship. This significantly differs from the general rules on family immigration and reflects the fundamental purpose of the EEA Agreement on free movement.

Who is considered a family member? (Immigration Act § 110)

• Spouse or cohabitant

• Children under 21 years of age and dependent children over 21 years

• Dependent parents (of the EEA citizen or their spouse/cohabitant)

Immigration Regulations § 19-7 extends the category to also include foster children, full siblings, persons intending to marry after entry, and other care-dependent and dependent persons under certain conditions.

Especially regarding family members who are third-country nationals

Family members who are themselves third-country nationals have the right to reside as long as the EEA citizen's residency right remains. They must apply for a residence card documenting this right.

Upon termination of a family relationship (divorce, separation, or death), family members under certain circumstances can retain their residency rights on an independent basis. For children attending school in Norway, and their caregivers, this right is especially strong.

The registration system - legal consequences and limitations

A central element of the Citizens' Directive was the transition from a system of residence permits to a registration system. This represents a paradigm shift in legal thinking: EEA citizens have residency rights directly from the EEA Agreement, and registration is merely a formality confirming 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 grounds for residency

• Lack of registration can only be sanctioned with fines, not the revocation of residency rights

For employees, confirmation from the employer is required, for self-supporting individuals, documentation of sufficient funds is required, for students, confirmation of study place and a declaration of sufficient funds are required.

Limitations in governmental supervision

An important legal distinction is that the registration certificate only confirms a right that already exists. Norwegian authorities therefore cannot refuse registration if the conditions for residence are met, and lack of registration does not affect the underlying residency rights.

This stands in stark contrast to the system for third-country nationals, where residence permits are constitutive for the right to reside.

Expulsion and deportation - enhanced legal protection

EEA citizens and their family members enjoy enhanced protection against expulsion and deportation compared to third-country nationals. This protection increases with length of residence and degree of integration.

Basic conditions for expulsion (Immigration Act § 122)

Expulsion can only occur when there is:

• Considerations of public order or security

• Considerations of public health (only upon recent arrival)

Expulsion must be proportionate and can only be based on the personal circumstances of the individual. A criminal offense alone does not provide grounds for expulsion - there must be "personal circumstances that constitute a genuine, immediate and sufficiently serious threat to fundamental societal considerations."

Graded protection based on length of residence

• With permanent residency (after five years): Expulsion can only occur if "serious considerations of public order or security dictate it"

• With residence for more than ten years or for minors: Expulsion can only happen when it is "imperatively necessary for public security reasons"

These terms - "serious considerations" and "imperatively necessary" - represent high legal thresholds, and the EU Court has emphasized that they should be interpreted restrictively.