• What is an expulsion?
• Grounds for expulsion
• Who can be expelled?
• Can I come to Norway despite a prohibition of entry?
• Reflection period for victims of human trafficking
• Am I entitled to legal assistance?
  

What is an expulsion?

If you are expelled, you must leave Norway. A decision on expulsion also implies a temporary or permanent prohibition for future entry. If you are not a citizen of the EU/EEA, you will as a rule, be registered in the Schengen Information Service. It is the Directorate of Immigration which decides on expulsion cases.

Grounds for expulsion

• Have committed a criminal act in Norway or abroad
• Have grossly or repeatedly contravened one or more provisions of the Immigration Act or evade the execution of any decision which means that you must leave Norway (e.g. after having an asylum application rejected). Unlawful residence and unlawful work are examples of contravening the Immigration Act. It also contravenes the Immigration Act if you provide the immigration authorities with false information, for example giving a false identity or withholding the information that you have a different identity in another country. This applies with regard to name, nationality and age
• Are considered a risk to national security

There is also a fast-track procedure for expulsion on grounds of gross violence and violence in close relationships. In such cases, the police will determine whether the conditions for expulsion are in place, and whether the case falls under the fast-track procedure. The rules are the same under the fast-track procedure as for cases under the ordinary procedure, but the difference is that the authorities are committed to processing the case within certain deadlines. For more information on the fast-track procedure, see UDI circular 2004-022.

Who can be expelled?

• Any person who was born in Norway and who has subsequently without interruption had a fixed abode here may not be expelled. The same also applies to persons who have gained Norwegian citizenship
• Any foreign national who has (or satisfies the requirements for) a settlement permit may only be expelled on the grounds of serious criminal activity, or for reasons of national security
• Foreign nationals covered by the EEA Agreement and the EFTA Convention have extra protection against expulsion. Expulsion may be ordered when consideration for public order or safety so indicates. It is a condition that the foreign national’s personal circumstances represent a real and serious threat to fundamental considerations for society. A concrete assessment must be carried out of each individual case and the threat posed by the foreign national
• A foreign national may be expelled even if he/she is not living in Norway. This means that he/she cannot avoid an expulsion order by leaving the country before a decision has been taken

Expulsion will not be ordered if it is considered a disproportionately severe reaction against the foreign national him/herself or the closest members of his/her family. Expulsion will also not be ordered if such action would result in the foreign national being sent to a country where he/she risks persecution. Under certain circumstances the expulsion mentioned in the latter case can be put on hold and be reconsidered at a later time.

Can I come to Norway despite a prohibition of entry?

If you have been expelled from Norway, you may apply for a suspension of the prohibition of entry during the period that it remains valid. Applications are to be submitted to the nearest Foreign Service mission. Consideration of your application will be based on a concrete assessment of your grounds and need to enter the country weighed up against the reason for your expulsion.

Reflection period for victims of human trafficking

An expulsion order may be suspended for persons who are considered to be victims of human trafficking. Called a reflection period, this is intended to give the victim an opportunity to obtain practical information and help. More details about the conditions for being granted a reflection period can be found in the UDI circular 2004-019.

Am I entitled to legal assistance?

In certain cases, persons expelled from Norway may be entitled to free legal aid. Free legal aid is primarily legal assistance which is paid for by the state, either fully or in part. Free legal aid covers free legal advice and free conduct of a case. More information on free legal aid can be found on the website of the Norwegian Ministry of Justice and the Police.

More questions?

If you have more questions about expulsion, you can contact the Information Service (OTS).