The main differences between the regulations
The most important differences between the regulations for EEA citizens and the regulations for third country citizens:
Application fee:
There is no fee for applications submitted under the EEA regulations, whereas a fee must be paid for the processing of an application under the third country regulations.
Settlement permit:
Applicants with an EEA permit may not be granted a settlement permit (a permanent residence permit), but may apply for Norwegian citizenship.
Persons with a permit pursuant to the third country regulations may in certain cases apply for a settlement permit after 3 years and may also apply for Norwegian citizenship. This applies to skilled workers/specialists, among others.
Work:
Qualifications and place of work:
The EEA regulations do not make demands on the type of work or qualifications of the applicant. With an EEA permit, the employee may change employer while the permit is valid, without needing to report this to the UDI, and he/she may have several employers at the same time. No specific qualifications are required for the permit. For instance, it is possible to work as a carpenter without being trained as one. It is up to the employer to make this assessment.
Pursuant to the third country regulations, there are requirements for the applicant to have vocational training. Vocational training means an education equivalent of at least three years of vocationally oriented education at secondary school level. Alternatively, you may have a completed degree from a university or other institution of higher education. The permit will be restricted to jobs within one’s professional field.
In addition, the permit is restricted to a particular place of work. Pursuant to the third country regulations, a permit will only be given as a skilled worker if you have vocational training as a carpenter and have been offered a carpenter position.
The extent of the work:
For citizens of EEA or EFTA countries, who are not included in the transitional rules, it suffices to document a real offer of work “of a certain extent”. What this implies is considered in each case. The lower limit is, however, that the work cannot be of a purely marginal character.
Citizen s of EEA or EFTA countries included in the transitional rules must generally have a full time position and wages according to current pay rates.
The same applies if one applies for a permit pursuant to the third country regulations for skilled labour. The applicant must, as a main rule, have an offer of full time work and the pay must be in line with the pay scale for skilled workers.
The validity period of the permit:
Employees not included in the transitional rules will as a main rule, pursuant to the EEA regulations, get a permit of 5 years’ validity.
Employees included in the transitional rules will be eligible for a permit valid for up to 1 year. If the requirements of the transitional rules are fulfilled for the past 12 months, they may have a 5 year permit when applying for an extension.
Employees applying pursuant to the regulations for skilled workers/specialists will be eligible for a permit valid for up to 1 year. In certain cases, permits are granted for up to 3 years. These permits may also be extended.
Family immigration
Various regulations exist also for the family members who would like to be reunited with persons who work or live in Norway. Which regulation forms the basis of the family member’s permit will have implications on the permit holder’s rights and duties in Norway.
When applying for family immigration, the principal person’s permit will be decisive in determining under which regulations the family member may apply for a permit.
The principal person is the person with whom family reunification is sought.
An important point of departure is that if the principal person is included in the EEA agreement, immediate family members will also be included in the agreement, independently of the nationality of the family member. This implies that the person has the right to enter the country and to apply for a residence permit here. This is also the case even though the family member must or would like to apply for a permit pursuant to the general regulations. For instance, if a German physician, with a permit pursuant to the third country regulations (the principal person) has a Chinese wife who wants to apply for family reunification, she will have the rights pursuant to the EEA agreement and may e.g. apply for a permit from within Norway.
Four different family immigration scenarios:
- If the principal person has a residence permit pursuant to the EEA regulations, the family member may apply for a residence permit according to these regulations.
- If the principal person has a settlement permit in the country and fulfils the conditions in the Immigration Regulation sections 175 (work), 176 (entrepreneur, service provider etc.), 177 (own means) or 178 (studies), the applicant may choose under which regulations he or she wishes to apply.
- If the principal person is a Norwegian citizen, family reunification must be applied for pursuant to the family immigration rules laid down in the third country regulations, not pursuant to the EEA regulations. This applies even if the applicant himself/herself is a citizen of an EEA country. The exception is if a Norwegian citizen has been residing in another EEA or EFTA country and engaged in financial activities there; if so, the family member may choose which regulations to follow upon entry.
- If the principal person has a permit as a skilled worker in Norway, one must apply for family reunification pursuant to the third country regulations, even when the applicant is the citizen of an EEA country.
Which differences do the various family immigration permits imply?
There is no minimum income requirement in family immigration cases where the principal person is an employee, a service provider or an entrepreneur in Norway.
The applicant will be granted a permit of the same duration as the principal person. This means that if the principal person has been granted a 5 year permit as an employee, the applicant will get a permit for an equally long period.
If the principal person is a student or is staying in Norway on his or her own means or regular, periodical contributions, there is a condition to ensure a minimum subsistence level and for the family member to have health insurance.
There is an application fee for family immigration applications pursuant to the third country regulations. There are also subsistence requirements.