Revocation of Residence Permit in Norway – Basis, Process, and Exceptions

Residence permits in Norway, either temporary or permanent, can under certain circumstances be revoked by the authorities. This is called revocation and is regulated in the Immigration Act § 63. This article reviews the conditions for revocation, the various grounds, and the processes related to this.

Grounds for Revocation – the Fraud Alternative

The primary ground for revocation is when the foreigner has "knowingly" provided incorrect information or concealed matters of significant importance to the decision, cf. the Immigration Act § 63 first paragraph. This is often referred to as the "fraud alternative" and includes situations where a person has knowingly:

• Provided incorrect identity or nationality

• Concealed important information about their background

• Given misleading information about the purpose of the application

A typical example is a sham marriage, where a foreigner marries a Norwegian citizen solely to obtain a residence permit, without any intent to establish a real cohabitation.

Norwegian immigration authorities have in recent years uncovered several patterns of circumventing regulations, including:

• Individuals who formally divorce their spouse in their home country, marry a Norwegian citizen, obtain permanent residence, and then divorce the Norwegian spouse to bring their original family to Norway

• Individuals who claim to be from countries with protection needs (for example, Somalia), while they are actually from neighboring countries without similar protection needs (for example, Djibouti)

Alteration According to General Administrative Law Rules

The Immigration Act § 63 first paragraph also allows for revocation if it "otherwise follows from general administrative law rules." This includes the Public Administration Act § 35 first paragraph letter c, which provides the legal basis for altering invalid decisions outside of appeal.

Through this reference, a residence permit can be revoked even if the incorrect information was not given knowingly or in bad faith. This was confirmed by the Supreme Court in HR-2016-2017-A, where the court ruled that residence permits can be revoked when they are based on an incorrect factual basis, even when the incorrect information was not provided by the foreigner themselves but, for example, by a reference person.

This means that when a person's residence permit is revoked, the residence permits of family members who have obtained residence through family reunification with the individual may also be revoked.

Also, circumstances that occur after a residence permit is granted can form the basis for revocation. For instance, a work permit can be revoked if the employment relationship ends, cf. the Immigration Regulations § 6-11.

Revocation in Consideration of Fundamental National Interests

Under the Immigration Act § 63 second paragraph, a residence permit can be revoked if a foreigner who is not a citizen of a Schengen country is decided to be expelled from another Schengen country based on a judgment that could have led to expulsion in consideration of fundamental national interests.

This provision has its background in Council Directive 2001/40 on mutual recognition of decisions on the expulsion of third-country nationals, which Norway is bound by through the Schengen cooperation. The purpose is to prevent a person who has been expelled from one Schengen country from evading this decision by moving to another Schengen country.

It is important to note that Norwegian authorities must conduct an independent assessment of whether the matter is so severe that it would have qualified for expulsion in consideration of fundamental national interests if it had occurred in Norway. It is not sufficient that the other Schengen country has assessed it as such.

Administrative Discretion and Procedural Matters

Revocation under the Immigration Act § 63 is not mandatory, even if the conditions are met. The provision is a "may-rule," which means the authorities can exercise discretion in assessing whether a permit should actually be revoked.

In some cases, it may be more appropriate to refrain from revocation, for example:

• If it is likely that the foreigner will leave the country soon anyhow

• If the individual is about to apply for a renewed permit

• If the considerations against revocation outweigh the considerations for it

Revocation is an invasive administrative decision that must be pre-announced in accordance with the Public Administration Act § 16. The foreigner has the right to present their views before the decision is made, and the authorities must ensure that the foreigner has the opportunity to present their views in a language they can reasonably communicate in.

The decision on revocation will be subject to a specific assessment where the grounds for alteration are weighed against the interest of the foreigner. Although this is not directly stated in the text of the law, it follows from the preparatory works to the previous Immigration Act and is continued in current practice.

A decision on revocation cannot, as a rule, be enforced until it is final, cf. the Immigration Act § 90 fourth paragraph. This means that the foreigner cannot be expelled by force until the UNE has processed the appeal, provided that the decision is appealed.

Revocation of Refugee Status

In addition to the general provision on revocation in § 63, the Immigration Act § 37 contains specific rules for the revocation of refugee status and residence permits under §§ 28 and 34. This provision specifies in more detail in which cases refugee status can be revoked, for example, when the need for protection has ceased.

Concluding Remarks

The revocation of a residence permit is a significant intervention that can have great consequences for the individual. At the same time, it is a necessary tool to ensure that residence permits are not granted or maintained on an incorrect basis. The increasing focus on revocation in recent years reflects the authorities' efforts to ensure integrity in the immigration system.

For individuals with a residence permit in Norway, it is important to be aware that the permit can be revoked if it is granted based on incorrect information, even if this information comes from a reference person and not from the foreigner themselves. This underscores the importance of providing accurate and complete information in applications for residence permits.