Permanent Residence Permit in Norway – Rules and Conditions for Long-term Stay

A foreigner who has legally resided in Norway for a long time may be entitled to a permanent residence permit. This is an important milestone that provides the foreigner with a more secure and predictable basis for residence. This article reviews the rules for permanent residence permits, the conditions that must be met, and what such a permit entails.

Basics of Permanent Residence Permit

The Immigration Act § 62 states that a foreigner who has had a residence permit intended to provide the basis for permanent residence in Norway for three years, and who still meets the conditions for such a permit, has the right to a permanent residence permit. The term "permanent residence permit" replaced "settlement permit" when the new Immigration Act came into force in 2008.

There has been discussion about whether the residency requirement should be increased from three to five years. A minority in the Immigration Law Committee argued for a five-year limit, citing that this could counteract sham marriages and that foreigners would typically have stronger ties to their home country than Norway after only three years of residence. However, the majority, with support from the Ministry, believed that these considerations were not compelling enough to change the current rule. The proposal was reintroduced by the Conservative/Progress Party government in 2015 but was not adopted then either.

An important change in the new Immigration Act is that the same basis for residence is no longer required throughout the three-year period. This is particularly advantageous for individuals who do not choose to change their basis for residence, such as spouses who, after a separation, are granted residence due to abuse or to have contact with children.

Residency Requirement and Calculation of Residence Time

The Immigration Regulations § 11-2, first paragraph, regulate when the three-year period begins. The main rule is that one must have had a residence permit that can provide the basis for permanent residence for three years.

However, there are some exceptions to this requirement:

1. Children born in Norway: Children born in Norway to parents who apply for and meet the conditions for a permanent residence permit or citizenship no later than one year after birth are exempt from the three-year requirement.

2. Adopted children: Adopted children of Norwegian or Nordic citizens residing in Norway, or of individuals with a permanent residence permit, are also exempt if the application for a permanent residence permit for the child is submitted no later than one year after entry.

3. EEA Citizens: EEA citizens are subject to special rules. They have the right of residence without a residence permit, but this right of residence does not provide a basis for a permanent permit. An EEA citizen who wishes to obtain a permanent residence permit must have three years of residence in Norway, but it is sufficient that, for the last of these three years, they have had a permit that provides the basis for permanent residence. However, it is required that the person would have met the conditions for such a permit during the two preceding years as well.

Restrictions on Foreign Stay

To obtain a permanent residence permit, the foreigner must not have stayed abroad for more than a total of seven months in the last three years (§ 62, first paragraph, letter a). This applies regardless of the purpose of the foreign stay, whether it is vacation, studies, work, or otherwise.

For skilled workers, there is a special rule: They may stay an additional eight months abroad within the three-year period, provided this is due to assignments for their employer.

If the foreign stay exceeds seven months within three years, the temporary residence permit does not lapse as long as the basis for the original permit is still present. The foreigner can still obtain a temporary permit until the foreign stay over the last three years falls below seven months.

However, it is worth noting that if the foreigner stays abroad for more than six months within a year, the temporary permit may also lapse. This is based on the residency requirement in the Population Registration Act.

Other Conditions for Permanent Residence Permit

In addition to the residency requirement, the following conditions must be met to obtain a permanent residence permit:

1. Norwegian Language and Social Studies: The foreigner must have completed mandatory training in social studies and Norwegian language according to the Introduction Act, passed a final exam in social studies, and possess a minimum level of spoken Norwegian.

2. Self-sufficiency: The foreigner must have been self-sufficient for the last twelve months.

3. No Grounds for Expulsion: If there are grounds for expulsion under the Immigration Act § 66, the foreigner will not have the right to a permanent residence permit. If the foreigner is suspected or charged with such matters, the application is put on hold until the question of sanctions or expulsion is resolved.

Even if there are grounds for expulsion, but expulsion is not implemented, the foreigner can obtain a permanent residence permit after a quarantine period. This quarantine period is calculated based on the length of the imposed penalty or the fine amount and whether it involves one or more offenses.

Effects of Permanent Residence Permit

A permanent residence permit provides several important advantages:

1. Independence from Original Basis for Residence: The residence permit no longer depends on the basis for the original permit still being present. This means, for example, that a permit based on marriage does not lapse if the marriage ends, and a permit based on the need for protection cannot be revoked even if the need for protection ceases.

2. No Renewal Required: As the name implies, a permanent residence permit does not need to be renewed.

3. Strengthened Protection Against Expulsion: A permanent residence permit provides stronger protection against expulsion, as regulated in the Immigration Act § 62, fifth paragraph.

Loss of Permanent Residence Permit

Although a permanent residence permit is intended to provide a basis for permanent residence in Norway, it can still be lost under certain circumstances:

1. Revocation: The permit can be revoked under the Immigration Act § 63 if it was granted based on incorrect information, for example.

2. Expulsion: The permanent residence permit also lapses upon expulsion under § 68.

3. Extended Foreign Stay: If the foreigner resides outside Norway continuously for more than two years, the permit lapses (§ 62, sixth paragraph).

For the last category, there are some important clarifications:

• "Continuous stay" does not necessarily mean that any stay in Norway breaks the continuity. Short stays in Norway between longer stays abroad are not enough to start a new two-year period.

• Multiple foreign stays that together amount to more than two years within a four-year period can also lead to the permit lapsing.

• If the foreigner resides in Norway for more than 15 months between two foreign stays, a new two-year period begins.

There are exceptions to the two-year rule if the foreigner:

• Is detained abroad against their will

• Is serving mandatory military service

• Is pursuing higher education

• Is working abroad

• Is abroad with a spouse, cohabitant, or parents who are there for work or education

It is worth noting that unlike before, there is no longer an exception for schooling at secondary level or below abroad. This means that parents cannot send children to the home country for schooling lasting more than two years without the child risking losing their permanent residence permit.

Permanent residence permit represents an important milestone for foreigners in Norway, providing security and stability valuable for the integration process and the opportunity to plan a long-term life in the country.