Visa regulations for entry into Norway and the Schengen Area

A visa acts as a pre-check for entry into Norway and the rest of the Schengen area. The Immigration Act § 9 establishes the main rule that foreigners must have a visa to be able to enter Norway, but with several important exceptions. However, the visa does not provide an absolute guarantee for entry, as a new check is carried out when the border is crossed.

The Schengen Cooperation: The Basis for Common Visa Policy

Since March 25, 2001, Norway has participated in the Schengen cooperation together with Iceland, Switzerland, Liechtenstein, and EU member states (excluding the United Kingdom and Ireland). The aim of the cooperation is to ensure free movement between participating countries by removing personal checks at the internal borders.

To compensate for the risk this entails, the Schengen countries have established:

• A common regulatory framework for the control of external borders

• A harmonized visa regulation

• Expanded police cooperation

The external borders of the Schengen area consist of land and sea borders to third countries, as well as airports with flights from outside the Schengen area. In Norway, border control takes place at the border with Russia, at airports, and in ports.

Visa Requirement and Visa Exemption

Exceptions to the visa requirement are regulated in the Immigration Regulations § 3-1. The largest groups that can enter without a visa are covered by bilateral agreements on mutual visa exemption, primarily based on nationality.

EU Regulation No. 539/2001 (and subsequent amendments) determines which countries are visa-required and visa-free for the entire Schengen area, and Norway follows the same list.

Visa facilitation agreements, which Norway has concluded with several countries, regulate simplified application procedures, fee exemptions, and more lenient conditions for the exercise of discretion in the processing of visa applications.

The Three Main Categories of Visas

1. Schengen Visa (Immigration Act § 10)

This is the standard visa for short stays of up to 90 days within a 180-day period. To obtain a Schengen visa, the following conditions must be met:

• Valid, approved travel document

• Proof of the planned purpose of the stay

• Adequate funds for subsistence and return journey

• Not listed in the SIS (Schengen Information System) with an entry ban

• Not pose a threat to public order, internal security, public health, or international relations

Even when these basic conditions are met, a visa may still be refused based on a discretionary assessment of three main considerations:

• Foreign policy considerations

• Fundamental national interests

• Immigration-regulating considerations

The assessment of immigration-regulating considerations involves balancing the applicant's need to enter against the likelihood that the applicant will leave the Schengen area when the visa period expires.

Factors considered include:

• The applicant's ties to their home country (job, residence, family)

• General conditions in the home country (political situation, living conditions)

• Previous travel history

• The purpose of the visit

2. National Visa for Humanitarian Reasons (Immigration Act § 11)

This visa only grants access to Norwegian territory, not the rest of the Schengen area. It can be issued when a standard Schengen visa cannot be granted, but when necessary for:

• Humanitarian reasons

• National interests

• International obligations

The holder must travel directly to Norway from a non-Schengen country, and likewise upon departure. This type of visa is issued to a limited extent, and the decision-making authority rests with the Norwegian Directorate of Immigration (UDI).

3. Entry Visa (Immigration Act § 12)

This visa is intended for individuals who plan to stay in Norway beyond 90 days. It is issued in three situations:

• When a visa-required person has been granted a residence permit

• When a person has applied for a residence permit and wants to enter while the application is being processed

• When a person has the right to apply for a residence permit after entry

In contrast to the national visa under § 11, the entry visa grants the right to transit through other Schengen countries.

Discretionary Assessment in Visa Cases

When the basic conditions for a Schengen visa are met, the discretionary assessment comes into play. The most central assessment relates to immigration-regulating considerations – particularly whether the applicant can be expected to return to their home country when the visa period expires.

In this assessment, two main considerations are weighed against each other:

1. The return requirement: The strength of the applicant's ties to their home country

2. The need for entry: How important the visit to Norway is for the applicant

Factors assessed under the return requirement include:

• Housing situation

• Employment or studies

• Family responsibilities

• General conditions in the home country

• Previous travel history to the Schengen area

Factors related to the need for entry can include:

• Family visits, especially close relatives

• Welfare reasons, such as illness or death in the family

• Business considerations

• Cultural exchange or educational purposes

Immigration Act § 10 third paragraph specifies that children's need for contact with their parents should be given particular weight in this assessment.

Visa Information System (VIS)

To streamline visa processing and strengthen border control, the Schengen countries have established the VIS database, where information about visa applicants is stored. As part of the application process, applicants must provide biometric data in the form of fingerprints and a digital photograph, stored for up to five years.

VIS serves several purposes:

• Better implementation of common visa policy

• Easier exchange of information between Schengen countries

• Simplified identification of foreigners

• Support for the application of the Dublin Regulation

Decision-making Authority

The Norwegian Directorate of Immigration (UDI) formally has the main responsibility for deciding on visa applications, but this authority is largely delegated to Norwegian foreign missions. The real main rule is that applications are decided upon at the foreign missions.

Norway also participates in a representation cooperation with other Schengen countries, where countries represent each other by receiving and processing visa applications. This is particularly important in locations where Norway does not have a foreign mission.

The authority to decide on applications for a national visa under § 11 is reserved for the UDI, mainly because such visas constitute an exception to the principle of free movement within the Schengen area.

The Duration and Flexibility of the Visa

A Schengen visa is issued for a specific validity period and for a specific number of entries, adapted to the purpose of the visit. In principle, the visa cannot be changed after issuance, but in unforeseen circumstances, the duration may be extended or a new entry granted.

In special needs cases, a multiple-entry visa may be issued, granting the right to multiple entries within a period of 12 months, and in some cases up to five years.

Emergency Visa in Extraordinary Situations

In special cases where a visa-required foreign national arrives at the border without a visa, an emergency visa may be issued under certain conditions. This requires that the general conditions for a visa are met, and unforeseen and compelling reasons argue for it.

Visa as an Immigration-Regulating Tool

The visa institution functions as a central immigration-regulating tool. It implies clear differential treatment between different nationalities and groups, based on an assessment of the emigration potential from different countries and regions.

An important exception to this regulation mechanism is asylum seekers and refugees, who under the Refugee Convention must be allowed entry at the border regardless of nationality. This principle is enshrined in the Immigration Act § 9 first paragraph second sentence.