What type of permit does the person living in Norway (the sponsor) hold?
The four years’ employment or education requirement prior to your family being granted a residence permit with you is dependent on what type of permit you hold in Norway.
Who is exempt from this requirement?
The requirement for four years’ employment or education does not apply to you as the sponsor if:
- You are a Norwegian or Nordic citizen
- You hold a residence permit on the grounds of work, studies or similar
- You hold a residence permit pursuant to the EU/EEA/EFTA Regulations
- Your family members have applied before 1 January 2010
- You are over the age of 67
To whom does the requirement apply?
The requirement for four years’ employment or education in Norway applies if you have been granted a residence permit
- as a resettlement refugee
- on the grounds of protection, asylum or as protection against being returned (non-refoulement)
- on the grounds of strong humanitarian considerations or a particular connection to Norway
- through family immigration (granted family immigration with another person in Norway)
The requirement for four years’ employment or education also applies if you have been granted a permanent residence permit (settlement permit) after you have held a residence permit in Norway on one of these grounds.
When did you set up a family?
The requirement for four year’s employment or education in Norway does not apply if you and your family members were already established as a family when you came to Norway.
In the examples below, we explain in more detail the rules that apply to the different family relationships and when exemptions are made from the employment and education requirement.
- You got married after you came to Norway
If you got married after you came to Norway, you must have worked and/or studied here for four years for your spouse to be granted a residence permit with you.
However, the requirement for employment or education does not apply if
- you and your spouse have a child together, and the woman was/you were pregnant before you came to Norway
- you have a child together and the woman/you became pregnant while you both held residence permits in Norway
- you got married while you both held residence permits in Norway
Example 1: Muhammed, aged 30, came to Norway in 2003. He was granted asylum and now holds a permanent residence permit in Norway. He married Raisa in the neighbouring country of his home country in 2008. When Raisa applies for a residence permit with Muhammed, there is a requirement that he must have worked and/or studied for four years in Norway before Raisa can be granted a residence permit with him in Norway.
Example 2: Svetlana, aged 30, came to Norway in 2006 and has been granted asylum in Norway. She married her husband John in 2008. Svetlana and John have two children who were born in 2004 and 2006. In this case, there is no requirement for four years’ employment or education in Norway for Svetlana before John can be granted a family immigration permit with her, because they had children together before Svetlana came to Norway.
Example 3: Ahmed is an asylum seeker in Norway. He has received a rejection to his application for asylum. After coming to Norway as an asylum seeker, he has started a relationship with Christina, and they have married. Christina is from the USA, but lives in Norway. She was originally granted a residence permit because she was married to a Norwegian citizen, but the marriage is dissolved. She now holds a permanent residence permit. Ahmed and Christina wish to live together in Norway as a married couple. However, Ahmed will not be granted a residence permit as Christina’s spouse until Christina meets the four-year requirement. This applies even if they have a child together.
- You started cohabitation or got engaged after you came to Norway
The requirement for four years’ employment or education applies if
- you and your cohabitant/fiancé did not live together for at least two years before you came to Norway. This also applies if you have a child together, as long as the woman/you became pregnant after you came to Norway
- your fiancé applies for a residence permit to marry you (fiancé permit)
The requirement for employment or education does not apply if
- you and your cohabitant/fiancé lived together in a permanent, established cohabitation for at least two years before you came to Norway
- the woman/you became pregnant while you both held residence permits in Norway
Example 1: Muhammed came to Norway in 2006, and he has been granted a residence permit on the grounds of strong humanitarian considerations. He has a cohabitant in his home country who became pregnant four months before Muhammed came to Norway. If the cohabitant in his home country wishes to apply for a residence permit with Muhammed, there is no requirement that Muhammed must have worked or studied for four years in Norway before she can be granted such a permit.
Example 2: Ali is 21 years old. He came to Norway because he was granted a residence permit on the grounds of family immigration with his father in 2005. He now holds a permanent residence permit in Norway. Raisa is 22 years old. She holds a residence permit in Norway because she was a student here from 2006 to 2008. Ali and Raisa are cohabitants and Raisa wants to live with Ali. They have a daughter, Nina, born in 2008. Because they both held residence permits when Raisa became pregnant, it is not a requirement that Ali must have worked or studied for four years before Raisa can be granted a residence permit with Ali.
Example 3: Paul has been in a relationship with Anita for one year in their home country. Paul goes to Norway and is granted residence on humanitarian grounds here. During a visit to his home country, Anita becomes pregnant. She wishes to settle with Paul in Norway. Anita cannot be granted a residence permit with Paul in Norway until Paul meets the four-year requirement.
Example 4: Chris has been granted asylum in Norway and is resident here. While he is staying here, he starts a relationship with Stefanie, who holds a residence permit in Norway on the grounds of work. Chris and Stefanie move in together in March 2009. Stefanie's residence permit expires in March 2010, and she has no other grounds for residence in Norway after this. At this point in time, the parties have lived together for a year, and thereby they do not meet the two-year requirement for cohabitants. Chris must therefore meet the four-year requirement.
- Child applicants
It is not a requirement that you as a parent and sponsor must have worked and/or studied for four years for your child to be granted a residence permit with you.
What requirements apply to the employment or education?
- In total, the employment or education must correspond to full-time activity in all four years.
- The four years can be a combination of work and education.
- Participation in introduction programmes for immigrants is considered employment or education.
- The education can be primary, lower secondary or upper secondary school, or higher education at a university or university college.
- For higher education at a university or university college, full-time activity corresponds to at least 60 credits per year.
- Qualification programmes pursuant to the Social Service Act are also considered employment or education.
- Taking care of a child for a period of 46 weeks after a birth or adoption is considered employment or education if you as the sponsor are entitled to parental benefit.
- Periods in which the sponsor receives sickness benefit, disability pension or retirement pension pursuant to the National Insurance scheme is considered employment, in accordance with the percentage that the National Insurance benefits constitute of full-time employment.
Exemptions can be made from the requirement for four years’ employment or education if special circumstances so indicate.
What documentation must be enclosed?
Documentation – employment/education
The family member who applies must enclose documentation proving that the person living in Norway has worked or studied here for four years. The documentation can be
- a tax certificate
- confirmation from the employer(s)
- confirmation from the school or place or study
- confirmation of participation in an introduction programme
- confirmation from NAV
Documentation - family
If you started a family before you came to Norway or while you and your spouse/cohabitant both held residence permits in Norway, this must be documented in the application. The documentation can be
- a marriage certificate
- documentation of cohabitation
- confirmation of pregnancy or birth
In addition to these requirements, the person living in Norway must be able to support the spouse/cohabitant financially and ensure that you have a place to live (the subsistence requirement).
Further information
If you have more questions about this topic, contact your nearest Norwegian embassy or consulate, the nearest police district or the UDI’s Information Service.
