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RESIDENCY PERMITS

What happens if you spend too long outside Norway for medical reasons? 

Should you have an accident or fall ill while outside of Norway and require time for treatment and recovery, what happens to your residence rights? 

If you are a national from outside the European Economic Area (EEA), you will typically need to be granted a residence permit to live in Norway. 

There are two types of residence in Norway; the first is a temporary residence. This is typically granted to people who wish to work, study or reunite with family in Norway. Those moving to Norway for the first time will be granted temporary residence. 

Depending on your application type, you will need to fulfil several conditions. Once your residence is granted by the Norwegian Directorate of Immigration (UDI), you will need to meet a number of requirements to remain a Norwegian resident. 

One of these is ensuring you don’t leave Norway for too long. When granted residence, you will be told how long you can remain outside Norway without losing residence. As a rule of thumb, if the permit is less than a year, you must stay in Norway for half of that. 

If a permit is granted for several years, the total time spent abroad must not exceed 182 days during a period of 365 days

So, what happens should you fall ill on a holiday or trip home and be unable to return to Norway in time? 

“The UDI may decide that you will lose your residence permit if you stay too long outside Norway. The purpose behind the stay abroad will be taken into consideration, but the fact that the stay is due to medical reasons will not necessarily imply that a decision of revocation will not be made. A concrete assessment of the overall situation will be made,” the UDI told The Local Norway. 

This means the UDI will consider your situation when deciding whether to revoke your residence permit. However, there is no guarantee that being outside of the country for medical reasons will prevent the UDI from stripping you of your residence card. 

In cases where residence is revoked, the person losing residence may be eligible for another type of permit, such as a family or work permit. 

Permanent residence has more rights than temporary residence and lets holders spend even longer outside of Norway. 

“The same rules apply to everyone holding a permanent residency in Norway. Hence one cannot stay abroad for a continuous period of two years or more.

Furthermore, one cannot have several stays that totally exceed two years or more during a four-year period. Stays lasting less than two months per calendar year are not deemed to constitute stays abroad in this context. If one stays in Norway for a continuous period of 15 months, one can stay abroad for a new period of up to two years,” the UDI wrote in an email. 

In practical terms, being able to spend so long outside of Norway means that illness shouldn’t be a factor if you go over the rules as a permanent residence holder. 

The illness of a family member, for both residence types, wouldn’t exempt somebody from losing their residence. For residence card holders, though, their overall circumstances would be considered. 

If you do receive notice that the UDI plans to revoke your residence, you can explain why and submit any supporting paperwork. You are also allowed to appeal any decision. Throughout this process, you will have access to legal help. 

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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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