How long does the prohibition on entry last?
The prohibition on entry can apply for a limited period of time or permanently, but it will always last for at least two years. In principle, the period will start on the date stated in the decision. However, if you do not leave the country by the deadline for leaving the country set by the police, the period will start on the date when you leave Norway. If you have also been expelled from the Schengen states and registered in the Schengen Information System (SIS), the period will start on the date when you leave the Schengen area.
Grounds for expulsion
If you are an EEA national (citizen of an EU/ EEA/ EFTA country), you have extended protection against expulsion. You can, however, still be expelled if we deem you to be a potential and serious threat to public order and safety. If you are an EEA national, you will only be expelled from Norway and you will not be registered in the Schengen Information System (SIS).
If you are a citizen of a country outside the EEA area, you can be expelled if, for example:
- you have committed a criminal act, in Norway or abroad (if you hold a permanent residence permit you can only be expelled for serious crimes)
- you have been granted a permit based on incorrect information (your permit can then be withdrawn (revoked), and expulsion is a possible reaction)
- we consider it necessary because of fundamental national interests (threats against Norwegian and foreign interests in Norway or against Norwegian interests abroad)
If you do not hold any Norwegian permits, you can also be expelled if:
- you have grossly or repeatedly violated the provisions of the Immigration Act, for example by staying in Norway illegally, working here illegally or providing incorrect information to the immigration authorities (for example by stating an incorrect identity, withholding information that you have another identity in another country etc.)
- you fail to leave Norway (for example once an application for protection has been rejected)
- another Schengen state has expelled you.
Speedy case processing in cases of aggravated violence and violence in close relations
The immigration administration can expel you more quickly if you have committed aggravated violence or violence against a person with whom you have a close relationship. The police decide whether the case is to be submitted for rapid processing by the Directorate of Immigration. Otherwise, the same regulations apply here as in other expulsion cases.
Is there anybody who cannot be expelled?
You cannot be expelled if you
- are a Norwegian national
- are a foreign national who was born in Norway and have lived here your whole life
- risk persecution or inhumane treatment in the country to which you would have been expelled.
Nor is expulsion an option if we believe that it would be a disproportionate measure in relation to yourself or members of your immediate family. In such cases, the seriousness of the offence will be weighed against how strong your connection with Norway is. In expulsion cases that affect children, the child's best interests are also emphasised in our consideration of whether expulsion is a proportionate measure.
Special rules for foreign nationals who have children in Norway
- As a rule, if you have children in Norway, you will not be expelled on grounds of having stayed in Norway illegally for periods of less than two years. You must either live with your child on a permanent basis or have sufficient access to or contact with your child pursuant to the Children Act. Ordinary access rights are one afternoon a week, every other weekend, 14 days during the summer holidays and either the Christmas or Easter holidays. You must also meet the conditions for being granted a residence permit. You can still be expelled, however, if the child can return with you to your country of origin, or if you have violated your obligation to apply from your country of origin.
- As a rule, if you have children in Norway, you will not be expelled with a permanent prohibition on entry on grounds of criminal acts. You must either live with your child on a permanent basis or have sufficient access to or contact with your child pursuant to the Children Act. Ordinary access rights are one afternoon a week, every other weekend, 14 days during the summer holidays and either the Christmas or Easter holidays. You can still be expelled, however, with a permanent prohibition on entry if you have committed aggravated and/or repeated crimes, and if the child can return with you to your country of origin.
You can appeal the decision
Read more about how to appeal a decision at www.udi.no/appeals.
Can you return to Norway after an expulsion?
You can apply to have your prohibition on entry lifted should the circumstances change and so indicate. As a rule, you cannot apply until two years after the expulsion. If special circumstances exist, you can also apply for entry to Norway for short visits without the prohibition on entry being lifted. Any application for residence in Norway after you have been expelled and have left the country will also be deemed to be an application to have the prohibition on entry lifted or an application for a short visit to Norway.
Expelled persons are rarely granted entry to Norway before the prohibition on entry has expired, and we are particularly restrictive when it comes to lifting a prohibition on entry. Your situation must have changed significantly from the time when the expulsion decision was made, and the change must be a result of circumstances outside your or your family’s influence. We will consider the grounds you state and your need to enter Norway in relation to the grounds for your expulsion.
An application for lifting of a prohibition on entry or for entry to Norway for a short visit must be submitted to the nearest Norwegian embassy or consulate in your country of origin or the country where you have held a residence permit for the last six months. You must use a special form available from the Directorate of Immigration website or a Norwegian embassy or consulate. The application can be submitted on its own or as an enclosure with another application, for example an application for a visa or a residence permit for family reunification. The embassy or consulate will send the application to the Directorate of Immigration, which will process your application.
Reflection period for victims of human trafficking
An expulsion decision can be suspended for persons who we assume to be victims of human trafficking, and who are granted a period of reflection. The purpose of the period of reflection is to allow the person to receive practical follow-up and help.
The right to legal assistance
In some cases, you can be entitled to free legal aid if you are expelled from Norway.
Free legal aid primarily consists of legal assistance paid for in whole or in part by the Norwegian state. Free legal aid comprises both free legal advice and free representation. Free legal advice applies to legal assistance outside of the courts, while free representation applies to legal counsel in the event of a court hearing.
You are entitled to free legal advice if the authorities are considering whether to expel you for violation of the Immigration Act. However, you are not entitled to free legal advice if the authorities are considering whether to expel you because a conviction or a special sanction has been imposed on you (for example if you have been ordered to receive necessary health care on grounds of insanity). Everyone can apply for free legal aid, however.
Further information
If you have further questions about this topic, contact your nearest Norwegian embassy or consulate, the nearest police district or UDI’s Information Service for Applicants.
