7 Private servants

7.1 Recruitment in Norway

A “private servant” is defined as a person who is in the domestic service of a member of a mission (Vienna Convention on Diplomatic Relations Article 1h). Private servants should be distinguished from members of the service staff who are in the domestic service of a mission.

In principle, there are no objections to the local recruitment of private servants who are Norwegian nationals or permanently resident in Norway. Please note, however, that non-EEA nationals who are resident in Norway are required to have a work permit issued by the Immigration Directorate (UDI) before taking up work as private servants.

7.2 Recruitment from outside Norway

When a private servant is recruited abroad, the mission concerned should, on behalf of the employer (i.e. the member of the mission), send a verbal note to the Ministry of Foreign Affairs for approval prior to the arrival of the private servant in Norway. The verbal note should include a copy (in either English or Norwegian) of the employment contract. Private servants who are approved by the Ministry of Foreign Affairs are exempt from general immigration legislation. It should be noted that a residence permit issued by the Ministry of Foreign Affairs does not constitute grounds for granting a permit to settle in Norway.

7.3 Employment contracts

The employment of a private servant by a member of the mission must be based on a full-time position. The contract of employment must meet certain minimum conditions in relation to means of subsistence (i.e. a salary corresponding either to grade 1 of the Government Pay Scale or the cost of room and board plus a minimum salary of NOK 7000 per month) and social security (cf. section 8 of the Immigration Act, sections 2, 19 (a) and 159-164 of the Immigration Regulations, and Article 33, paragraph 2, of the Vienna Convention on Diplomatic Relations). The contract must also stipulate that the private servant return to his/her country upon termination of the employment.

According to Article 37, paragraph 4, of the Vienna Convention on Diplomatic Relations, private servants who are not Norwegian nationals or permanently resident in Norway are exempt from dues and taxes on the emoluments they receive by reason of their employment.

If the employment is approved by the Ministry and no visa is required, the person concerned may proceed to Norway.

7.4 Visa and residence permit

Private servants who are nationals of a country whose nationals need a visa to enter the Schengen area should apply for a seven-day Schengen D-visa to the nearest Norwegian Embassy/Consulate General. A copy of the Ministry of Foreign Affair’s verbal note of approval should be enclosed. This procedure should be followed even if the private servant is accompanying the member of the mission and has been employed by him or her for some time.

Once a Schengen D-visa has been granted, the private servant may travel to Norway. The Ministry of Foreign Affairs should be notified of the private servant’s arrival within seven days by a verbal note enclosing the private servant’s passport. The Ministry will endorse the passport with a residence permit before returning it to the mission.

Please note that a private servant will not receive a residence permit exceeding the period of service with his or her employer at the mission. The employer (i.e. the member of the mission) is responsible for ensuring that the employee (the private servant) is in possession of a valid residence permit at all times during his or her stay in Norway.

A private servant may change employer, as long as the new employer is a member of the mission. In such cases, the new employment contract must be submitted to the Ministry of Foreign Affairs and a new residence permit must be issued.

The Ministry of Foreign Affairs must be notified when the employment is terminated and the private servant has left the country.

If a private servant who holds a residence permit obtained through the Ministry of Foreign Affairs leaves his or her employment before the end of the contract period, a verbal note enclosing the servant’s passport must be submitted to the Protocol Department of the Ministry of Foreign Affairs so that the residence permit can be cancelled.

The same cancellation procedure applies if the member of the mission who has employed the private servant leaves Norway permanently before the end of the servant’s contract period. The cancellation will be effective from the date of departure of the member of the mission.

Relatives and/or family members of members of missions and consular officers will not be approved as private servants.

7.5 Social security for private servants

In accordance with Article 33, paragraphs 2 and 3 of the Vienna Convention on Diplomatic Relations, private servants who are not Norwegian nationals or permanently resident in Norway are exempt from Norwegian social security provisions. A member of a mission who employs a person to whom this exemption does not apply must fulfil the obligations imposed on employers by the Norwegian national insurance system, including paying employer’s contributions to the Norwegian national insurance scheme.

An application for membership of the Norwegian national insurance scheme can be made to the local national insurance office (“trygdekontoret”) in the municipality in which the member of the mission resides.

7.6 Family members

Residence permits for family members of private servants are not issued by the Ministry of Foreign Affairs. Applications should be sent to the Directorate of Immigration via the Norwegian Embassy/Consulate General at the private servant’s place of residence.

Please note that more time is required to process applications for family members of a private servant than for the private servant him or herself.