In January 2010, Norway implemented a new Immigration Act (“the Act”). The Act placed restrictions on certain foreign workers and changed the terminology for work and residence permit categories. All applications are now classified as residence permits and each permit designates whether a foreign national is entitled to work and whether there are any restrictions. Additionally, foreign national employees are now required to provide evidence to verify whether they will be employed directly by a Norwegian company or by a foreign entity and seconded to Norway.
Foreign nationals who will be employed directly by Norwegian companies may file residence permit applications in Norway at a local police office or a service center for foreign workers. Generally the employee must wait until his or her residence permit is approved to commence employment. In limited cases, the foreign national may also apply for a discretionary “early work start” temporary permit that allows the employee to begin working immediately and is valid until the residence permit is adjudicated. Foreign nationals who are issued new residence permits based on employment with Norwegian companies may be granted permits valid for a maximum period of three years, and are eligible to apply for permanent residence permits after three years. Dependent family members may also apply for residence permits with the principal applicant while remaining in Norway.
Foreign nationals who will remain employees of foreign companies and who will be seconded to Norway for a temporary period may apply for residence permits while in Norway under the same process described above, and may also be issued “early work start” permits. However, the Act requires foreign nationals seconded to Norway to produce additional documentary evidence regarding their employment terms. Foreign nationals who are issued residence permits based on secondment in Norway may generally receive residence permits with an initial validity period of one year, and in certain circumstances, may be granted permits valid up to two years. This type of resident permit may be renewed for a maximum permissible period of four years. Significantly, foreign nationals holding this type of residence permit are not eligible to apply for permanent residence status. Furthermore, their dependent family members may not file residence permit applications in Norway; instead, dependents must apply for residence permits at the Norwegian consulate in their home country. Current consular processing times for these applications are approximately two to three months.
Pursuant to the Act, nationals of countries in the European Economic Area (EEA) may submit applications to work and reside in Norway online. These online applications for residence permits are now streamlined for EEA nationals and require less documentation.
In summary, the Act makes it much easier to obtain residence permits for foreign nationals employed directly by Norwegian companies and their dependent family members. Conversely, the new regulations increase restrictions on temporary workers seconded to Norway while remaining on home country payroll. Therefore, it is important to review employment agreements and options for employees as soon as transfer to Norway is contemplated, to evaluate all options and identify the appropriate residence permit category and its implications.
Gibney will continue to monitor how the new law is implemented in Norway, and will work with clients to develop the most effective strategies.
If you have any questions regarding this alert, please contact your designated Gibney representative, or email immigrationalerts@gibney.com.
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This immigration article is provided as general information for clients and friends of Gibney, Anthony & Flaherty, LLP. It does not constitute, and should not be construed as, legal advice. The contents of this article may be considered attorney advertising in some states.