Residence permits in Norway, whether temporary or permanent, can under certain circumstances be withdrawn by the authorities. This is called revocation and is regulated in the Immigration Act § 63. This article reviews the conditions for revocation, the various grounds and processes related to this.
Grounds for Revocation - The Fraud Provision
The primary basis for revocation is when the foreigner "against better knowledge" has provided incorrect information or concealed circumstances of significant importance for the decision, cf. the Immigration Act § 63 first paragraph. This is often referred to as "the fraud provision" and includes situations where a person has deliberately:
Provided incorrect identity or nationality
Concealed important information about their background
Provided misleading information about the purpose of the application
A typical example is marriages of convenience, where a foreigner enters into marriage with a Norwegian citizen solely to obtain a residence permit, while the intention was never to establish a real relationship.
Norwegian immigration authorities have in recent years uncovered several patterns for circumventing the regulations, including:
Persons who formally divorce their spouse in their home country, marry a Norwegian citizen, obtain permanent residence, then divorce the Norwegian spouse and bring their original family to Norway
Persons claiming to be from countries with protection needs (for example Somalia), while they are actually from neighboring countries without similar protection needs (for example Djibouti)
Reversal Under General Administrative Law Rules
The Immigration Act § 63 first paragraph also allows for revocation if it "otherwise follows from general administrative law rules." This includes, among other things, the Public Administration Act § 35 first paragraph letter c, which provides authority for reversing invalid decisions outside of appeals.
Through this reference, a residence permit can be revoked even if the incorrect information was not provided deliberately or in bad faith. This was confirmed by the Supreme Court in HR-2016-2017-A, where the court established that residence permits can be revoked when they are based on an incorrect factual basis, even when the incorrect information was not provided by the foreigner themselves, but for example by a reference person.
This means that when a person's residence permit is revoked, the residence permits of family members who have obtained residence through family reunification with that person can also be revoked.
Also, circumstances that occur after a residence permit has been granted can form the basis for revocation. For example, a work permit can be revoked if the employment relationship ends, cf. the Immigration Regulations § 6-11.
Revocation Due to Fundamental National Interests
According to the Immigration Act § 63 second paragraph, a residence permit can be revoked if a foreigner who is not a citizen of a Schengen country is decided to be sent out from another Schengen country based on an assessment that could have led to expulsion due to fundamental national interests.
This provision has its background in Council Directive 2001/40 on mutual recognition of decisions on the expulsion of third-country nationals, which Norway is bound by through the Schengen cooperation. The purpose is to prevent a person who is expelled from one Schengen country from being able to evade this decision by moving to another Schengen country.
It is important to note that Norwegian authorities must make an independent assessment of whether the matter is so serious that it would have qualified for expulsion due to fundamental national interests if it had taken place in Norway. It is not sufficient that the other Schengen country has assessed it as such.
Administrative Discretion and Procedural Matters
Revocation under the Immigration Act § 63 is not mandatory, even if the conditions are met. The provision is a "may-rule," which means that the authorities can exercise discretion in assessing whether a permit should actually be revoked.
In some cases, it may be more appropriate to refrain from revocation, for example:
If it is likely that the foreigner will leave the country soon anyway
If the person is about to apply for a renewed permit
If the considerations against revocation outweigh the considerations for
Revocation is an intrusive administrative decision that must be notified in advance in accordance with the Public Administration Act § 16. The foreigner has the right to comment before a decision is made, and the authorities must ensure that the foreigner has the opportunity to present their views in a language they can communicate properly in.
The decision on revocation will be subject to a specific assessment where the consideration for reversal is weighed against the consideration for the foreigner. Although this is not directly stated in the text of the law, it follows from the preparatory works for the previous Immigration Act, and is continued in today's practice.
A decision on revocation cannot, as a main rule, be implemented until it is final, cf. the Immigration Act § 90 fourth paragraph. This means that the foreigner cannot be transported out by force before the UNE as the appeals body has processed the case, provided that the decision is appealed.
Revocation of Refugee Status
In addition to the general provision on revocation in § 63, the Immigration Act § 37 contains specific rules for the revocation of refugee status and residence permits under §§ 28 and 34. This provision specifies in more detail in which cases refugee status can be revoked, for example when the need for protection has ceased.
Concluding Remarks
Revocation of residence permits is an intrusive measure that can have major consequences for the individual. At the same time, it is a necessary tool to ensure that residence permits are not granted or maintained on an incorrect basis. The increasing focus on revocation in recent years reflects the authorities' work to ensure integrity in the immigration system.
For persons with residence permits in Norway, it is important to be aware that the permit can be revoked if it was granted on the basis of incorrect information, even if this information comes from a reference person and not from the foreigner themselves. This emphasizes the importance of providing correct and complete information in applications for residence permits.
