Foreign nationals who intend to work in Norway generally require a residence permit that grants the right to work. However, certain groups can begin working before their residence permit application has been fully processed. This article outlines the legal framework and procedures for starting work in Norway prior to receiving a residence permit.
General Requirement for Work Permits in Norway
According to the Norwegian Immigration Act, foreign nationals who intend to work in Norway, whether paid or unpaid, must have a residence permit that grants the right to work or engage in business activities, unless otherwise specified by law. One exception to this requirement applies to individuals who are permitted to work until their application is processed.
It's important to note that if a residence permit application is rejected, the right to work ceases immediately upon the decision being made.
Early Work Start for Skilled Workers with Higher Education
Who Qualifies for Early Work Start?
The early work start scheme applies to skilled workers who:
Are applying for a residence permit under Section 6-1 of the Immigration Regulations
Have completed at least three years of university or college education
Can document their education with a diploma or similar certification showing the duration and obtained degree/title
Application Process
The early work start option is available in two scenarios:
1. When the employer applies on behalf of the employee:
The employer must have a place of business in Norway, be registered in the Central Coordinating Register for Legal Entities, and conduct actual business operations in Norway
The employer must submit a complete application with written authorization from the employee
The employer is responsible for ensuring the employee meets all requirements for the permit, including any necessary professional authorization or certification
2. When the employee applies directly:
The skilled worker must have legal residence in Norway
The stay must not be related to an asylum application or pending departure after an asylum rejection
A complete application must be submitted with all necessary attachments
Passport or other approved identification document must be presented for identity verification
Confirmation of Early Work Start
Once the police have verified that the application is complete, they will issue a confirmation that allows the foreign national to begin working for a specific employer until the application is processed. This confirmation:
Is not a residence permit
Does not grant the right to multiple entries into Norway
Does not permit stays in other Schengen countries
The police will not issue a confirmation if:
The application is not complete
There is doubt about whether the conditions are met
The foreign national can be rejected at the border
The foreign national has been or could be expelled
The applicant is a citizen of Iran or North Korea
There is reason to believe the residence permit may be denied due to export control or other measures to prevent knowledge and technology transfer
Visa Procedures
If the foreign national requires an entry visa, they must contact a Norwegian foreign service mission in their home country or country of residence. Only Norwegian foreign service missions can issue entry visas in connection with the early work start scheme. The visa is issued based on the police's registration of a confirmation in the immigration database, and the confirmation must be presented at the foreign service mission.
Special Schemes for Seafarers and Employees in International Companies
Who Qualifies for these Special Schemes?
This option applies to:
Seafarers on foreign-registered vessels that operate regularly or substantially between Norwegian ports
Posted workers employed by the foreign part of an international company who will provide services of limited duration for the Norwegian part of the company
Interns under 30 years of age who are employed by an international company and are pursuing relevant higher education
Application Procedure
Similar to the process for skilled workers, both the employer/client and the employee can submit applications:
When the employer/client applies:
International companies can act as employers (for interns) or clients (for posted workers)
Ship captains or shipping company representatives can apply for seafarers
Written authorization from the employee is required
A complete application must be submitted with a request for early work confirmation
When the employee applies directly:
The application can be submitted from within Norway if the person has legal residence
Complete documentation must be provided
The same restrictions apply as for skilled workers regarding citizens of certain countries and potential security concerns
Misuse of Early Work Start Schemes
Employers who misuse the early work start scheme may face sanctions:
Exclusion from the scheme for up to one year
The duration of exclusion depends on the severity of the misuse
The Norwegian Directorate of Immigration issues decisions on exclusion
Criminal penalties under Section 108 of the Immigration Act may also apply
Misuse is considered to have occurred if:
An employer not covered by the scheme allows a foreign national to start work before a permit is issued
An employer provides incorrect information to gain access to the scheme
Residence Permit During Application Processing
As an alternative to the early work start schemes, a temporary residence permit may be granted during application processing when it is likely that the application will be approved. This permit is valid until a decision on the main application is made.
Foreign nationals who are excluded from the early work start schemes (citizens of Iran or North Korea, or those with potential security concerns) should also not be granted a residence permit during application processing.
Key Differences Between Early Work Confirmation and Temporary Permits
It's important to understand the differences between:
Early work start confirmation - a specific mechanism allowing work to begin before permit processing is complete
Residence permit during application processing - a temporary permit granted while awaiting a decision on the main application
Both options allow foreign nationals to work before their main residence permit is granted, but they have different legal bases and implications.
Conclusion
Norway's early work start schemes provide valuable flexibility for employers needing to quickly engage foreign workers with specific qualifications. While the main requirement for a work permit remains, these provisions help streamline the process for eligible candidates, particularly skilled workers with higher education and employees of international companies. However, strict compliance with documentation requirements and procedures is essential to avoid potential penalties for misuse.
