When a foreigner has been granted a residence permit in Norway, the question arises about what happens when this permit approaches expiration. The basic principle in Norwegian immigration law is that a foreigner has the right to have their residence permit renewed if the original basis for the permit is still present. In this article, we review the rules for renewal of residence permits, which are regulated in the Immigration Act § 61 and the Immigration Regulations §§ 10-20 to 10-27.
Limitations on the Right to Renew a Permit
Although the main rule is that residence permits can be renewed, there are several types of permits that are time-limited and therefore cannot be renewed. These include:
Time-limited permits: Examples include residence permits for parents visiting children in Norway (up to nine months) under the Immigration Act § 47, or residence permits for foreigners between 16 and 18 years who lack caregivers in their home country under the Immigration Regulations § 8-8.
Transitional permits: Some permits are not renewable but are intended to provide a basis for application for other types of permits. This applies, for example, to permits for entering into marriage in Norway (Immigration Act § 48) or permits for newly graduated students or researchers who are seeking residence as skilled workers (Immigration Regulations § 6-29). If the prerequisites for the original permit are not met when the permit expires, the person must leave the country.
Permits with defined timeframes: The Immigration Regulations contain several provisions where residence permits can be given "in total" or "up to" a certain period. These cannot be renewed beyond the maximum timeframe. Examples of such permits are:
Residence permits for seasonal workers (§ 6-3)
Residence permits for unskilled Russian citizens (§ 6-4)
Residence permits for musicians, artists, and cultural workers (§ 6-22)
Residence permits for employees in non-profit, religious, and humanitarian organizations (§ 6-23)
Residence permits for au pairs (§ 6-25)
Residence permits for receiving medical treatment (§ 6-28)
Permits that can be given "up to" a certain period often entail a quarantine period, which means that the applicant must stay outside Norway for a specific period before a new permit can be granted on the same basis.
Denial of Renewal Due to Ceased Need for Protection or Revocation
Residence permits granted on the basis of a need for protection shall, according to the Immigration Act § 61 second paragraph, be renewed unless there is a basis for revoking the permit under §§ 37 or 63.
The Immigration Act § 37 first paragraph provides authority to revoke permits if the need for protection no longer exists. Traditionally, Norway has rarely practiced revocation on this basis, but this changed in 2016. After the high arrival numbers of asylum seekers in 2015, the Ministry of Justice and Public Security issued an instruction that permits should be revoked if it is safe for the foreigner to return to their home country or the country where they had their residence.
This instruction only applies to persons who have been granted residence under the Immigration Act § 28 (refugee status). Persons with collective protection (§ 34), resettlement refugees (§ 35), or residence on humanitarian grounds (§ 38) are not covered by the instruction.
For persons with residence permits on humanitarian grounds (§ 38), it is not common to deny renewal even if strong humanitarian considerations no longer exist at the time of renewal, unless restrictions were given with the initial permit.
The Immigration Act § 63 also provides authority to revoke a permit if it was granted on incorrect grounds, or because the foreigner has been expelled from another Schengen country.
If collective protection under the Immigration Act § 34 ceases, it must be assessed whether the foreigner has an individual need for protection or if there are strong humanitarian considerations. The foreigner will therefore not necessarily lose the right to stay in Norway even if a permit under § 34 is not renewed.
Exceptions to the Requirement That the Original Grounds for Residence Must Remain
Although the main rule is that the basis for the original residence permit must be present at renewal, there are exceptions where this would be unreasonable:
Age-dependent permits: A foreigner who has been granted a residence permit for family reunification based on the fact that he or the reference person is under 18 or 21 years old will have their permit renewed even if they exceed these age limits at the time of renewal, cf. the Immigration Act § 61 third paragraph.
Work permits: Workers with residence under Chapter 3 of the Immigration Act do not need to meet the original conditions when applying for renewal, cf. § 61 fourth paragraph. To obtain such a permit, it is a condition that the applicant is covered by a work quota, or that there is no labor force in Norway or the EEA that can fill the position. At renewal, there is no requirement that these conditions are still met.
This exception is reasonable for several reasons: It makes Norway more attractive for highly qualified workers, and it creates predictability for both employer and employee regarding the duration of the employment relationship.
Authority to Issue Permits That Cannot Be Renewed
In some cases, authorities can issue residence permits with the explicit limitation that they cannot be renewed:
Residence permits on humanitarian grounds: For permits granted on the basis of strong humanitarian considerations (Immigration Act § 38), it can be stipulated that the permit cannot be renewed. This may be relevant if the security situation in a country is unstable but with good prospects for improvement, or if the foreigner has health problems that require treatment but where the condition is expected to improve.
Family immigration on special grounds: It is also possible to give non-renewable permits in family immigration cases based on strong humanitarian considerations (Immigration Act § 49, cf. Immigration Regulations § 9-7 second paragraph). Such permits have, among other things, been granted where the applicant has not documented their identity, but where it is assumed that identity can be documented with a new application. This is particularly relevant when the consideration of children indicates that a permit should be granted despite the lack of identity documentation.
In very special cases, such non-renewable permits have also been granted where the reference person has had a clear but short-term need for care from a family member.
The Applicant's Rights When Applying for Renewal
When a foreigner applies for renewal of a residence permit, they have certain rights during the application period:
Residence on the same terms: When applying for renewal, the foreigner may be granted residence on the same terms during the application period, cf. the Immigration Act § 61 sixth paragraph, first sentence. If the application is submitted at least one month before the current permit expires, the foreigner has the right to such residence.
Applications submitted late: If the application is submitted later than one month before expiry, the assessment of whether the foreigner should be granted residence on the same terms during the application period shall take into account whether it is likely that the permit will be renewed and whether the permit provides a basis for permanent residence, cf. the Immigration Regulations § 10-25.
Entry visa: If the application is submitted within the deadline, the foreigner may also get an entry visa that enables travel in and out of Norway while the application is being processed, cf. the Immigration Regulations § 3-13 sixth paragraph.
These provisions ensure that foreigners with legal residence in Norway can maintain their rights and mobility while the authorities process the application for renewal.
