Rules for Renewal of Residence Permits in Norway – The Immigration Act

When a foreign national has been granted a residence permit in Norway, the question arises as to what happens when this permit is nearing expiration. The starting point in Norwegian immigration law is that a foreigner has the right to renew their residence permit if the original basis for the permit is still valid. In this article, we review the rules for renewing a residence permit, which are regulated in the Immigration Act § 61 and the Immigration Regulations §§ 10-20 to 10-27.

Limitations on the right to renew a permit

Even though the main rule is that residence permits can be renewed, there are several types of permits that are time-limited and therefore cannot be renewed. This applies, among other things, to:

• Time-limited permits: Examples of this are residence permits for parents visiting children in Norway (up to nine months) under the Immigration Act § 47, or residence permits for foreign nationals between the ages of 16 and 18 who lack caregivers in their home country under Immigration Regulations § 8-8.

• Transition permits: Some permits are not renewable but are intended to provide a basis for applying for other types of permits. This applies, for instance, to permits to enter into marriage in Norway (Immigration Act § 48) or permits for newly graduated individuals or researchers who will apply for residence as skilled workers (Immigration Regulations § 6-29). If the condition for the original permit is not met when the permit expires, the individual must leave the country.

• Permits with a defined time frame: In the Immigration Regulations, there are several provisions where residence permits can be granted "together" or "up to" a certain period. These cannot be renewed beyond the maximum time frame. Examples of such permits are:

  • Residence permit for seasonal workers (§ 6-3)

  • Residence permit for unskilled Russian citizens (§ 6-4)

  • Residence permit for musicians, artists, and cultural workers (§ 6-22)

  • Residence permit for employees in non-profit, religious, and humanitarian organizations (§ 6-23)

  • Residence permit for au pair (§ 6-25)

  • Residence permit to receive medical treatment (§ 6-28)

Permits that are granted "up to" a certain period often involve a waiting period, which means that the applicant must reside outside Norway for a specified period before a new permit can be granted on the same basis.

Denial of renewal when protection need ceases or revocation

Residence permits granted based on a need for protection should be renewed according to the Immigration Act § 61 second paragraph unless there is grounds for revoking the permit under §§ 37 or 63.

The Immigration Act § 37 first paragraph provides a basis for revoking permits if the protection need is no longer present. Traditionally, Norway has rarely practiced revocation on this basis, but this changed in 2016. After the high arrival numbers of asylum seekers in 2015, the Ministry of Justice and Public Security issued an instruction that permits should be revoked if it is safe for the foreign national to return to their home country or the country where they had their residence.

This instruction applies only to individuals who have been granted residence according to the Immigration Act § 28 (refugee status). Individuals with collective protection (§ 34), transferred refugees (§ 35), or residence on humanitarian grounds (§ 38) are not covered by the instruction.

For persons with a residence permit on humanitarian grounds (§ 38), it is not common to deny renewal even if at the time of renewal strong humanitarian considerations are no longer present, unless restrictions were given at the time of the initial permit.

The Immigration Act § 63 also provides a basis for revoking a permit if it was granted on incorrect grounds or because the foreign national is expelled from another Schengen country.

If collective protection under the Immigration Act § 34 ceases, it must be assessed whether the foreign national has an individual protection need or if strong humanitarian considerations are present. The foreign national will not necessarily lose the right to stay in Norway even if a permit under § 34 is not renewed.

Exceptions from the requirement that the original residence basis must remain

Although the main rule is that the basis for the original residence permit must be present upon renewal, exceptions exist where this would be unreasonable:

• Age-dependent permits: A foreign national who has been granted a residence permit for family reunification purposes on the basis that they or the reference person is under 18 or 21 years, will have their permit renewed even if they exceed these age limits at the time of renewal, cf. Immigration Act § 61 third paragraph.

• Work permits: Workers with residence under Chapter 3 of the Immigration Act do not need to fulfill the original conditions when applying for renewal, cf. § 61 fourth paragraph. To obtain such a permit, it is a condition that the applicant is covered by a work quota or that there is no labor available in Norway or the EEA to fill the position. Upon renewal, there is no requirement that these conditions are still met.

This exception is reasonable for several reasons: It makes Norway more attractive to highly qualified workers, and it creates predictability for both employer and employee regarding the duration of the employment relationship.

Facility to grant permits that cannot be renewed

In some cases, the authorities may issue residence permits with the explicit restriction that they cannot be renewed:

• Residence permit on humanitarian grounds: For permits granted based on strong humanitarian considerations (Immigration Act § 38), it may be stipulated that the permit cannot be renewed. This may be relevant if the security situation in a country is unstable but with good prospects for improvement, or if the foreign national has health problems requiring treatment but where the condition is expected to improve.

• Family immigration on special grounds: It is also possible to grant non-renewable permits in family immigration cases based on strong humanitarian considerations (Immigration Act § 49, cf. Immigration Regulations § 9-7 second paragraph). Such permits have been granted, among other things, where the applicant has not documented their identity, but it is assumed that the identity will be documentable with a new application. This is particularly relevant when the best interests of the child indicate that a permit should be granted despite a lack of identity documentation.

In very special cases, such non-renewable permits have also been granted where the reference person has had a clear but short-term need for care from a family member.

The applicant's rights upon application for renewal

When a foreign national applies for renewal of a residence permit, they have certain rights during the application period:

• Residence on the same conditions: Upon application for renewal, the foreign national can be granted residence on the same conditions during the application period, cf. Immigration Act § 61 sixth paragraph first sentence. If the application is submitted no later than one month before the current permit expires, the foreign national has the right to such residence.

• Late submitted applications: If the application is submitted later than one month before expiration, the assessment of whether the foreign national should be granted residence on the same conditions during the application period should consider whether it is likely that the permit will be renewed and whether the permit provides a basis for a permanent residence permit, cf. Immigration Regulations § 10-25.

• Entry visa: If the application is submitted within the deadline, the foreign national may also receive an entry visa which allows travel in and out of Norway while the application is being processed, cf. Immigration Regulations § 3-13 sixth paragraph.

These provisions ensure that foreign nationals with legal residence in Norway can maintain their rights and mobility while the authorities process the renewal application.