Foreign workers who are to perform assignments in Norway for a limited period must have the correct residence permit. This article provides an overview of the conditions for residence permits as a posted worker according to the Immigration Act § 24 and the Immigration Regulations § 6-13, first paragraph.
What is a Posted Worker?
A posted worker is a person who:
Is employed by a business abroad
Is sent to Norway to perform an assignment of limited duration
Still has the foreign business as their employer
Residence permits as a posted worker may also be granted when the worker is posted from the foreign to the Norwegian part of an international company.
Basic Conditions for Residence Permits
Employment Relationship Abroad
A fundamental condition is that the applicant must be employed by a foreign business. When assessing whether the applicant is employed by the business abroad, key factors include:
Who has the general right of management over the applicant
Whether the salary is mainly paid by the business abroad
It is the actual circumstances, not the formal arrangements, that are decisive when assessing whether an employment relationship exists and who is the applicant's employer.
Contract Between the Foreign Business and the Client in Norway
There must be a contract between the business abroad and the client in Norway. The contract should describe:
The nature of the contractual relationship
Which service the applicant is to perform
The duration of the assignment
It is a prerequisite that the contract is valid for the period for which the residence permit is being sought.
In an international company where the applicant is to be sent on assignment to the Norwegian part of the company, confirmation of the assignment from the international company may be sufficient.
Important limitations:
It falls outside the provision if the foreign business has a contract with another company abroad, which in turn has a contract with the client in Norway
The client cannot be a staffing agency, unless the applicant in exceptional cases is to perform assignments directly for the staffing agency
Specific Offer of Assignment
There must be a specific and current offer of assignment. Information about the assignment and the employment relationship abroad must be submitted on the Norwegian Directorate of Immigration's (UDI) assignment offer form, which must be signed by:
The client
The employer abroad
The applicant
The offer of assignment should, as a general rule, apply to one client, unless special reasons suggest otherwise. A permit may be granted even if the assignment offer is not continuous.
Competence Requirements
The applicant must have competence as a skilled worker, and this competence must be relevant to the execution of the assignment. Workers who have at least vocational training equivalent to upper secondary school level, have a certificate of apprenticeship or education from a college or university, or have special qualifications, are considered skilled.
If the applicant is to perform an assignment in a profession where approval or authorization is required, the applicant must have this. This applies, for example, to professions such as electricians, lawyers, doctors, and nurses.
Wage and Working Conditions
The applicant's wage and working conditions must not be inferior to the current collective agreement or regulations for the industry in Norway. If there is no collective agreement or regulation, the wage and working conditions shall not be inferior to what is normal for the location and profession in question.
Wages are defined as monetary compensation for work performed. Coverage of expenses or benefits in kind are normally not considered as wages. The worker may receive wages from both the employer abroad and the client in Norway, as long as the total amount meets the wage requirement.
A net wage arrangement, where the worker receives a fixed net paid wage and the employer or client pays the worker's tax in addition to this, is also accepted under certain conditions.
Other Basic Requirements
Subsistence is considered to be secured when the foreigner has funds of sufficient scope, at least 2.5 times the basic amount in the National Insurance Scheme (G)
Housing is considered to be secured when the foreigner has access to a house, apartment, bedsit or similar that meets public requirements
The applicant must be at least 18 years of age
The foreigner must have a record that does not give reason to deny a permit
Content and Duration of the Permit
Content
The residence permit applies to the assignment(s) that follow from the contract between the employer abroad and the client in Norway. The permit does not allow:
Performing assignments for another client
Taking employment with an employer in Norway
Conducting independent business activities
The permit does not form the basis for a permanent residence permit.
Basis for Family Immigration
When the applicant is to go on an assignment that lasts more than 6 months, the permit provides a basis for residence permits for family members. When the applicant is employed in an international company and is to be sent on assignment to the Norwegian part of the company, the permit also provides a basis for family immigration.
Duration
Permits as a posted worker are granted for up to 2 years, but not beyond the length of the assignment
Even if the assignment lasts more than one year, the permit may be limited to one year at a time if there is a need to check whether the conditions are still being met
The duration of a permit as a posted worker cannot exceed 6 years in total
A new permit may be granted after the applicant has stayed outside Norway for 2 years
Application Procedures
The applicant cannot begin working in Norway before a residence permit has been granted, unless specific confirmation or a residence permit during application processing has been given.
Who Can Apply and Where Should the Application Be Submitted?
As a general rule, the applicant must submit the application themselves
The client can apply on behalf of the applicant with written authorization
First-time residence permits must generally be granted before entry
Exceptions apply, among others, for skilled workers, who can apply from Norway if they have legal residence
Documentation and Fee
The application should include:
Completed application form
Assignment offer form signed by all parties
Documentation of education and/or professional experience
Copy of passport
Documentation of wage and working conditions
Other documentation according to the current checklist
To have the application processed, a fee must be paid.
Renewal of Residence Permits
An application for a residence permit for a posted worker can be renewed, provided that the basis for the first-time permit is still present. It is a condition for renewal that it concerns the same assignment that was the basis for the permit.
When applying for renewal, it will be checked that:
The applicant has worked in accordance with the original assignment offer
The applicant has received the wage that was offered
Wage and working conditions have been adjusted in line with any changes in the collective agreement/regulations
Applications for renewal should, as a general rule, be submitted from Norway, and at the latest one month before the permit expires to ensure the right to continued residence on the same terms until the application is finally decided.
Summary
Residence permits as a posted worker are a specialized permit for individuals who are employed by foreign businesses and are to perform temporary assignments in Norway. There are strict requirements for both the employment relationship, competence, and wage and working conditions. The permit is time-limited and does not form the basis for permanent residence in Norway.
