Norway has specific immigration regulations for seafarers working on foreign-registered vessels operating in Norwegian waters. This article outlines when residence permits are required, the application process, and the key requirements under Section 6-6 of the Norwegian Immigration Regulations.
When Is a Residence Permit Required?
A residence permit is required for seafarers on foreign-registered vessels that have regular or substantial operations between Norwegian ports. This requirement applies when the vessel loads cargo or passengers in one Norwegian port and unloads them in another Norwegian port.
What Constitutes "Regular or Substantial Operations"?
According to the Norwegian Directorate of Immigration (UDI), regular or substantial operations between Norwegian ports means operations conducted over a continuous three-month period. This period is not interrupted by up to two short individual trips or assignments to other countries with a combined duration of less than ten days.
Who Is Considered a Seafarer?
For immigration purposes, a seafarer is defined as a person who works on board a vessel and not just while the vessel is in port. The seafarer must be included in the crew list.
Exceptions to the Permit Requirement
Not all seafarers on foreign-registered vessels need residence permits. Exemptions apply to seafarers working on:
Foreign-registered cruise ships
Ships registered in an EEA country
Ships registered in countries that have signed bilateral shipping agreements with Norway (Faroe Islands, Argentina, USA, and Peru)
Additionally, residence permits are not required for work on foreign-registered vessels that only occasionally operate between Norwegian ports (i.e., not meeting the definition of regular or substantial operations).
It's important to note that traffic to and from the Norwegian continental shelf (oil platforms, etc.) is not considered traffic between Norwegian ports for these regulations.
Requirements for Obtaining a Residence Permit
1. Employer in Norway
The seafarer must work for an employer in Norway. While the employer can be the shipping company, employment contracts can also be concluded with other enterprises.
While the UDI generally requires Norwegian employers to have a place of business in Norway and be registered in the Central Coordinating Register for Legal Entities, special considerations apply for employers of seafarers on foreign-registered vessels. This is because the workplace (the vessel) will primarily be in Norwegian territorial waters, even if the employer doesn't have a place of business in Norway.
2. Wages and Working Conditions
Wages and working conditions must not be inferior to those stipulated in current Norwegian collective agreements or regulations for the industry.
The standard working hours on vessels are eight hours per day, with one day of rest each week and rest on public holidays. However, many Norwegian collective agreements establish different arrangements for working and rest hours.
Norwegian collective agreements for seafarers typically include tables with pre-calculated wages/pay based on working hours. These tables incorporate compensation for overtime work ('all inclusive'). This pay is also disbursed during off-duty periods (ashore), which are normally equal in length to working periods (1:1 arrangement).
When a foreign-registered vessel follows different working and rest hour arrangements than those agreed in collective agreements for Norwegian domestic shipping, the minimum acceptable wage level should be calculated based on the basic pay in Norwegian collective agreements, taking into account off-duty periods ashore.
3. Concrete Job Offer
A concrete job offer must be submitted on the designated form according to Immigration Regulations Section 6-9. The employer with whom the seafarer has signed an employment contract must sign the job offer form.
4. Travel Document
The applicant must document their identity with a regular passport or other approved travel document. Seafarer's identity cards (seaman's passports, seafarer's books) are not recognized for the purpose of staying in Norway under ordinary residence permits.
5. Age Requirement
The applicant must be at least 18 years old.
6. Other Requirements
Seafarers on foreign-registered vessels are exempt from quota requirements and the requirement for assessment of whether the position can be filled by domestic labor or labor from the EEA or EFTA area.
Applicants must have secured maintenance and accommodation for the period covered by the application. Seafarers on foreign-registered vessels are considered to have secured maintenance and accommodation through their employment.
There must be no circumstances that would provide grounds for refusing the applicant entry to or residence in Norway under other provisions of the law, such as foreign policy considerations or fundamental national interests.
Scope and Duration of the Residence Permit
The residence permit:
Allows work for a specific employer, meaning the work is tied to the specific vessel
Can be renewed
Does not form the basis for permanent residence
Does not form the basis for family immigration
Can be granted for up to two years at a time, but not beyond the period applied for or the duration of the employment relationship
Application Procedure
Applications for residence permits for seafarers on foreign-registered vessels are submitted using the standard application form for residence permits and with the standard fee.
Where to Submit the Application
While first-time residence permits generally must be obtained before entry into Norway, an exception is made for seafarers on foreign-registered vessels applying for permits under Section 6-6.
When the seafarer submits the application themselves, they must have legal residence and not be in Norway in connection with an asylum application or awaiting departure after rejection of an asylum application. The application should be submitted to the police in the district where the vessel first docks.
Applications Submitted by Others
The seafarer's employer, the vessel's captain, or another representative of the shipping company can submit the application on behalf of the seafarer with written authorization. They can also request confirmation that the worker may begin working before the application is processed.
Employers or clients of seafarers can submit applications:
To the police in the district where the vessel first docks
At a Service Center for Foreign Workers
To the police where they have their place of business in Norway
Early Work Authorization
There is a system for providing confirmation to the employer or worker (seafarer) that the worker may begin working before the application is processed, as described in UDI 2016-003 regarding early work start arrangements.
Decision-Making Authority
Decisions on first-time residence permits are made by the Norwegian Directorate of Immigration (UDI).
Applications for renewal of residence permits are generally decided by the UDI, but the police have the authority to approve renewed residence permits if there is no doubt that the conditions are met.
Conclusion
Seafarers working on foreign-registered vessels with regular operations between Norwegian ports need to understand these specific immigration requirements. By ensuring compliance with Norwegian regulations regarding residence permits, seafarers can legally work on these vessels while they operate in Norwegian waters. The special provisions recognize the unique nature of maritime employment while ensuring that proper immigration controls are maintained.
