A foreigner who has legally resided in Norway for an extended period may be entitled to a permanent residence permit. This is an important milestone that provides the foreigner with a more secure and predictable basis for residence. This article reviews the rules for permanent residence permits, the conditions that must be met, and what such a permit entails.
Basics of Permanent Residence Permits
Section 62 of the Immigration Act states that a foreigner who has held a residence permit intended to provide a basis for permanent residence in Norway for three years, and who still meets the conditions for such a permit, is entitled to a permanent residence permit. The term "permanent residence permit" replaced "settlement permit" when the new Immigration Act came into force in 2008.
There has been discussion about whether the residence requirement should be increased from three to five years. A minority in the Immigration Act committee argued for a five-year limit, referring to the fact that this could counteract marriages of convenience and that foreigners would normally have stronger ties to their home country than to Norway after only three years of residence. The majority, with the support of the ministry, however, felt that these considerations were not compelling enough to change the existing rule. The proposal was resubmitted by the Conservative/Progress Party government in 2015 but was not adopted then either.
An important change in the new Immigration Act is that the same basis for residence is no longer required throughout the entire three-year period. This is particularly advantageous for people who do not choose to change their residence basis themselves, for example, spouses who after a relationship breakdown are granted residence due to abuse or to have contact with children.
Residence Requirement and Calculation of Period of Residence
Section 11-2, first paragraph of the Immigration Regulations regulates when the three-year period begins to run. The main rule is that one must have had a residence permit that can provide a basis for permanent residence for three years.
However, there are some exceptions to this requirement:
Children born in Norway: Children who are born in Norway to parents who, at the latest one year after birth, apply for and meet the conditions for permanent residence permits or citizenship, are exempt from the three-year requirement.
Adopted children: Adopted children of Norwegian or Nordic citizens residing in Norway, or of persons with permanent residence permits, are also exempt if application for permanent residence permits for the child is made no later than one year after entry.
EEA citizens: Special rules apply to EEA citizens. They have the right of residence without a residence permit, but this right of residence does not provide a basis for permanent permission. An EEA citizen who wants a permanent residence permit must have three years of residence in Norway, but it is sufficient that the person has had a permit that provides a basis for permanent residence in the last of these three years. However, it is required that the person would have fulfilled the conditions for such a permit in the two preceding years as well.
Limitations on Stays Abroad
To obtain a permanent residence permit, the foreigner must not have stayed more than a total of seven months abroad during the last three years (Section 62, first paragraph, letter a). This applies regardless of the purpose of the stay abroad, whether it be vacation, studies, work, or other.
There is a special rule for skilled workers: They can stay an additional eight months abroad during the three-year period, provided this is due to assignments for the employer.
If the stay abroad exceeds seven months during three years, the temporary residence permit does not lapse as long as the basis for the original permit is still present. The foreigner can still receive a temporary permit until the stay abroad over the last three years falls below seven months.
However, it is worth noting that if the foreigner stays abroad for more than six months during one year, the temporary permit may also lapse. This is based on the residence requirement in the National Registry Act.
Other Conditions for Permanent Residence Permits
In addition to the residence requirement, the following conditions must be met to obtain a permanent residence permit:
Norwegian Language Training and Social Studies: The foreigner must have completed mandatory training in social studies and Norwegian language in accordance with the Introduction Act, passed a final exam in social studies, and have a minimum command of Norwegian orally.
Self-sufficiency: The foreigner must have been self-sufficient for the last twelve months.
No Grounds for Expulsion: If there are circumstances that provide grounds for expulsion under Section 66 of the Immigration Act, the foreigner will not be entitled to a permanent residence permit. If the foreigner is suspected or charged with such circumstances, the application is put on hold until the question of punishment or expulsion is clarified.
Even if there are grounds for expulsion, but expulsion is not decided, the foreigner can receive a permanent residence permit after a quarantine period. This quarantine period is calculated based on the length of the imposed sentence or the size of the fine, and whether it involves one or more offenses.
Effects of Permanent Residence Permits
A permanent residence permit provides several important advantages:
Independence from Original Basis of Residence: The residence permit no longer depends on the basis for the original permit still being present. This means, for example, that a permit based on marriage does not lapse if the marriage ends, and a permit based on protection needs cannot be revoked even if the need for protection ceases.
No Renewal Necessary: As the name suggests, a permanent residence permit does not need to be renewed.
Enhanced Protection Against Expulsion: A permanent residence permit provides stronger protection against expulsion, as regulated in Section 62, fifth paragraph of the Immigration Act.
Lapse of Permanent Residence Permits
Although a permanent residence permit is intended to provide a basis for permanent residence in Norway, it can still lapse under certain circumstances:
Revocation: The permit can be revoked under Section 63 of the Immigration Act, for example, if it has been granted based on incorrect information.
Expulsion: Upon expulsion under Section 68, the permanent residence permit also lapses.
Extended Stay Abroad: If the foreigner stays outside Norway continuously for more than two years, the permit lapses (Section 62, sixth paragraph).
Regarding the last category, there are some important clarifications:
"Continuous stay" does not necessarily mean that any stay in Norway breaks the continuity. Brief stays in Norway between longer stays abroad are not enough to start a new two-year period.
Multiple stays abroad that together constitute more than two years during a four-year period can also lead to the permit lapsing.
If the foreigner stays in Norway for more than 15 months between two stays abroad, a new two-year period begins.
There are exceptions to the two-year rule if the foreigner:
Is held abroad against their will
Is performing military service
Is pursuing higher education
Is working abroad
Is staying abroad with a spouse, cohabitant, or parents who are there to work or study
It is worth noting that, unlike previously, exceptions are no longer given for schooling at the upper secondary level or lower level abroad. This means that parents cannot send children to their home country for schooling that lasts more than two years without the child risking losing their permanent residence permit.
A permanent residence permit represents an important milestone for foreigners in Norway and provides a security and stability that is valuable for the integration process and the ability to plan a long-term life in the country.
