Norway, while not a member of the European Union, is part of the European Economic Area (EEA), which means it participates in the EU's single market and adheres to principles of free movement. This creates unique immigration opportunities for certain non-EEA nationals. This article explains the residence rights for non-EEA citizens who are employed by companies established in EEA countries and are sent to Norway either as posted workers or to establish business operations.
Who Qualifies Under These Provisions?
These rules apply to third-country nationals (non-EU/EEA citizens) who:
Are legally employed by a company established in another EEA country
Are either:
Posted to work in Norway as part of cross-border service provision, or
Sent to Norway to establish a business under the EEA rules on right of establishment
The purpose of both posting and establishment must be to stay in Norway for a limited period and return to the sending country once the service has been performed or the establishment has been completed.
Stays of Up to Three Months
Non-EEA nationals employed by companies established in other EEA countries have the right to stay in Norway for up to three months without applying for a residence card when they are:
Working in Norway under the EEA rules on free movement of services, or
Establishing a business in Norway under the EEA rules on right of establishment
Common Requirements for Both Categories
The following conditions must be met for stays of up to three months:
Valid passport: The worker must possess a valid passport
Legal employment in an EEA country: The worker must be legally employed by a company established in another EEA country
Legal residence with work rights: The worker must have legal residence with the right to work in the EEA country from which they are posted
Right to return: The worker must have the right to return to the sending country after their stay in Norway
Duration of legal residence: The worker's legal residence in the sending state must be longer than the duration of the assignment in Norway
Not become an unreasonable burden: The worker must not become an unreasonable burden on Norway's public welfare systems
There is no requirement regarding how long a worker must have been employed by the company before being posted to Norway. This means the worker does not need to have performed work in the EEA country before being sent to Norway.
Specific Requirements for Posted Workers
For posted workers, additional requirements include:
Temporary service provision: The service provision must be temporary
Posted worker status: The worker must qualify as a posted worker under the Working Environment Act Section 1-7 and the Regulations on Posted Workers Section 2
Assignment for a genuine business: The worker must perform an assignment on behalf of a company that conducts genuine business in another EEA country
Limited time period: The worker must be posted for a limited time period
Posted workers can be sent to Norway in various ways, such as:
To fulfill a contract
As a leased worker
Through temporary work agencies
Self-employed contractors are not covered by these provisions.
Specific Requirements for Business Establishers
For business establishers, the worker must either:
Hold a managerial position in the company, or
Possess special competence that is crucial for the company to establish itself in Norway
It is irrelevant that a company is established in an EEA country solely to be able to establish a company in Norway. This applies even if the largest part of the company's activities is carried out in the company established in Norway.
Stays Exceeding Three Months
Posted workers and business establishers have the right to stay in Norway for more than three months as long as this is part of providing a service or is necessary for establishing a business in Norway. All the conditions described above must continue to be met.
Residence Cards
For stays exceeding three months, posted workers and business establishers must apply for a residence card. The application for a residence card should be submitted to the police or a Service Center for Foreign Workers.
Documentation Requirements
The application must include:
For all applicants:
Valid passport
Documentation of legal residence with the right to work in the country from which the applicant is posted (residence permit or residence card)
Employment contract between the applicant and the foreign company
For posted workers:
Contract between the foreign company and the client in Norway, including information on the duration of the assignment
For business establishers:
Documentation that the applicant holds a managerial position or has special competence crucial for the establishment in Norway (if not evident from the employment contract)
Documentation that the company is establishing itself in Norway (such as registration documents or business plans)
Content and Validity of the Residence Card
The residence card serves as documentation of the right to stay in Norway. It is valid for the duration of the assignment or as long as the person is necessary for the establishment of the business, up to one year at a time.
The residence right as a posted worker or business establisher does not form the basis for permanent residence rights or family immigration.
Applications for renewal of residence cards should be submitted to the police or a Service Center for Foreign Workers before the current card expires. The police can approve applications when there is no doubt that the conditions are met; otherwise, the case is sent to the Norwegian Directorate of Immigration (UDI).
Applications for residence cards must be processed within six months after a complete application is submitted.
Rejection and Expulsion
Posted workers and business establishers who do not have a right of residence under these rules may be rejected under the regulations in the Immigration Act Sections 17 and 18 and expelled under the rules in Chapter 8 of the Immigration Act.
Conclusion
The EEA agreement provides valuable opportunities for non-EEA nationals employed by companies established in EEA countries to work in Norway temporarily. Whether as posted workers or business establishers, these provisions allow companies to utilize their existing workforce regardless of nationality.
However, it's important to understand the specific requirements and time limitations associated with these provisions. For stays exceeding three months, a residence card is required, which provides legal documentation of the right to stay in Norway for the duration of the assignment or business establishment process.
