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IMMIGRATION

EXPLAINED: How to appeal an immigration rejection in Norway

The process of getting a residence permit or visa in Norway can be quite stressful at times. It can even end in your application being rejected. If that happens, here's what you can do.

Waiting room
In this article, we will go through the steps and key information you need to know if you're appealing a UDI immigration decision in Norway. Photo by Petr Magera on Unsplash

It is not uncommon for the Norwegian immigration authorities to reject immigration requests. However, if that happens, know that you can appeal the decision.

If you decide to appeal, the embassy or the Norwegian Directorate of Immigration (UDI) will reconsider your case – as long as you filed the appeal within the deadline specified in the UDI decision letter you received.

While relatively straightforward, the appeal process also has a rigid structure you must be aware of.

In this article, we will go through the steps and key information you need to know if you’re appealing a UDI immigration decision in Norway.

Who can appeal the decision?

Know that you can start an appeal case only if you’re the actual applicant for immigration to Norway or if you have a power of attorney for the applicant in question.

This also applies to the applicant’s family members and other close contacts in Norway – they will need a power of attorney to appeal on the applicant’s behalf.

What are the appeal deadlines?

As of the time of writing, you need to appeal the UDI’s decision within three weeks from the date when the decision has been received or when you should have become aware of the authorities’ decision.

If you fail to gather all the documentation or information you want to include in your appeal within the deadline, you still need to submit the appeal within three weeks.

In such cases, explain that you will send over more information and documentation at a later date. The authorities will then give you two more weeks to gather and send over the said materials.

How to appeal an immigration rejection?

First off, you need to write a letter and explicitly explain which decision you are appealing and why you believe the authorities’ decision is incorrect. You can write the letter in Norwegian or English.

You will need to sign the letter, scan or take a photograph of the signed letter, and upload it to the UDI’s form for document submission (available here).

Alternatively, you can also send the letter to the police. Make sure that you include any new information or documentation that might be relevant to your case.

After that, you’ll be notified via email or SMS when the UDI receives your appeal.

Submitting an appeal is free of charge, and you can find more information on the waiting times on the UDI’s website, here.

Note that if an embassy has made the decision in your immigration application, you will have to hand in your appeal to the said embassy. In such cases, you will need to consult the embassy’s website for the waiting times that apply.

Important note: It’s very important to provide new information or add documents that support your case. If you fail to provide such information or documentation, your appeal will likely fail.

What happens next?

After you’ve submitted your appeal, you need to wait for the UDI to reconsider your case.

There are two possible outcomes: either the UDI grants your appeal, or it forwards the case to the Immigration Appeals Board (UNE) – the appellate body for immigration and citizenship cases – for further consideration.

If the UDI forwards your case to UNE, you will be notified by email or SMS. The UNE will then consider your case again and either reject or grant your appeal.

If your UNE appeal is successful, then the UDI’s rejection will no longer apply. However, if the UNE also rejects your appeal, you will have no other possibilities of appeal in Norway.

Note that the rules are a bit different if an embassy is reviewing your appeal – you can find out more details on the website of the embassy in question.

Can you reside in Norway while the appeal case is being processed?

If your immigration request (usually an application for a residence permit or visa) is rejected, you will normally be given a deadline for leaving the country.

Generally, the deadline is three weeks. However, if you wish to stay in Norway while the immigration authorities review your appeal case, you can apply to remain in the country by invoking a deferred implementation of the decision.

If the authorities grant your request, you will be able to stay in Norway until the appeal has been processed. However, if they reject your request, you will have to leave the country within the specified deadline.

Know that there are special rules in place for people who have applied for a renewal or who have had their residence permit revoked. You can find more information about these rules here.

Also, in some cases, and only if certain conditions are met, you might have the right to have your legal or other necessary expenses related to the appeal process covered. The UDI has more information on the conditions that apply on its website.

Can you reapply for immigration?

Note that you can reapply one more time even if your immigration application was previously rejected – if you believe that you meet the requirements at a later time.

You can find more information on the re-application process on the UDI’s website here.

Member comments

  1. Very broken system people get 4 or 5 weeks to appeals a decision udi take over 2 years or how ever long they want I think the time is right to stop this working from home shite and let the udi publish there case loads and success rates the the public will at least see a ship sailing without a captain and leadership

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For members

RESIDENCY PERMITS

How Norway’s permanent residence rules have been tweaked

The rules for permanent residence in Norway have undergone a slight change to try and simplify the application process. 

How Norway’s permanent residence rules have been tweaked

Permanent residence allows holders to live and work in Norway indefinitely and simplifies life by eliminating permit renewals and conditions such as needing to hold a specific type of job. 

Depending on your situation, you can apply for permanent residence after three or five years of living in Norway. 

The process for those who moved to Norway under the EU/EEA registration scheme can apply for the “permanent right of residence” under the Freedom of Movement rules. This doesn’t come with many rules other than residing in Norway for five years

The application for those from outside the EEA is a bit more stringent. You will need to have held a residence permit that qualifies you for permanent residency for three or five years. 

Most applicants will be eligible after three years, as this requirement applies to those with family and work permit holders

New rules on financial support 

Norway’s Directorate of Immigration has removed the financial support requirement as of April 18th, 2024. 

“The change comes in the wake of UDI’s work to identify and propose possible simplifications in the current regulations, with the intention of streamlining case processing and obtaining a more digitisation-friendly regulation,” the UDI wrote on its website

The rule required applicants to have not received financial benefits under the Social Services Act. Under this rule, applicants would have had to submit a document stating they had not received assistance. 

This is no longer necessary for applications submitted on or before this date. 

However, the income rule remains. This applies to those aged between 18 and 67 and requires applicants to have had an income of at least 296,550 kroner over the previous twelve months

What are the other rules? 

The other rules for permanent residence will remain the same. These require you not to have been convicted of a criminal offence or ordered to undergo enforced psychiatric treatment or care

You will also need to have completed mandatory tuition in the Norwegian language and social studies or document that you have been granted an exception. 

If you can document that you have all four parts of the Norwegian language test at A2 level: oral, listening, reading, and written presentation and that you have passed the social studies test in Norwegian, then you will be exempt

This is all in addition to having met the requirements for the residence permit that you held prior to applying for permanent residence. 

The UDI has a wizard that will give you an overview of the specific requirements that will apply to your situation. 

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