Any EEA or EFTA national who has been granted a residence permit has the right to bring his/her closest family to Norway.
A family member who is a national of an EEA or EFTA state may in many cases satisfy the conditions for being the principal person according to the EEA Regulations.
The general conditions are that the travel document used on entry be submitted, and there must be no grounds to indicate expulsion or rejection. The kinship must be documented, for example by the submission of a marriage certificate, birth certificate, certificate from the Population Register etc.
In addition to family members who have a right, section 179 third paragraph contains a provision for family members etc who are not covered by section 180 of the Regulations, but who nonetheless may be granted a residence permit.
A spouse and child who are not EEA or EFTA nationals, have the right to take paid work or be self-employed in the entire realm on a par with native manpower.
The following family members have the right of residence:
- Spouse/partner. As a main rule the marriage/partnership must have been entered into and/or approved by an EEA-EFTA state. An exemption from this requirement may be made if it cannot be documented that the marriage/partnership has been entered into or approved by an EEA-EFTA state. In such cases an assessment must be made of whether other documentation should be obtained. Ensured subsistence is not required.
- Cohabitant. Both parties must be over the age of 18, have lived together in a permanent and established relationship as cohabitants for at least two years and intend to continue their cohabitation. It is a condition that neither party is married. Nor is ensured subsistence required for this group.
- Any relative in a descending line below the age of 21 of one or both spouses. The relative may be both a child, grandchild etc. Ensured subsistence is not required.
- Any relative in a descending line above the age of 21 of one or both spouses when the relative is maintained by them. The relative may be both a child, grandchild etc.
- Any relative in an ascending line of one of the spouses when the relative is maintained by them. The relative may be both parents, grandparents etc.
It is a prerequisite for all the groups mentioned that the principal person has the use of a home of a standard normal for native employees.
The content and duration of the permit:
The permit, as a basis, confers the right to take work and to be self-employed in the whole realm, if nothing else follows from the decision.
Moreover, according to Norwegian statutory provisions, a person must be over the age of 15 years to take work.
It shall appear from the permits of all family members in an ascending line that they are not permitted to take work.
The residence permit is granted for the same period as that for the principal person, but not beyond the principal person’s permit.
Renewal of permits for family members:
An application for renewal is to be made on a standard form and submitted to the police in the district in which the applicant has permanent residence.
As for first-issue permits, the Directorate of Immigration has the power of decision, but the police have been authorised to grant permits in cases where there is no doubt that the conditions have been satisfied.
Family members who still satisfy the conditions, are given a renewed permit with a duration equivalent to that of the principal person.
