A visa functions as a preliminary control for entry into Norway and the rest of the Schengen area. Section 9 of the Immigration Act establishes the main rule that foreigners must have a visa to enter Norway, but with several important exceptions. However, the visa does not provide an absolute guarantee for entry, as a new control is carried out when crossing the border.
The Schengen Cooperation: The Basis for Common Visa Policy
Since March 25, 2001, Norway has participated in the Schengen cooperation along with Iceland, Switzerland, Liechtenstein, and EU member states (with the exception of the United Kingdom and Ireland). The cooperation aims to ensure free movement between participating countries by removing personal checks at internal borders.
To compensate for the risk this entails, the Schengen countries have established:
Common regulations for control of external borders
A harmonized visa regulatory framework
Extended police cooperation
The Schengen area's external border consists of land and sea borders with third countries, as well as airports with flights from countries outside the Schengen area. In Norway, border control takes place at the border with Russia, at airports, and in ports.
Visa Requirements and Visa Exemptions
Exceptions to the visa requirement are regulated in Section 3-1 of the Immigration Regulations. The largest groups that can enter without a visa are covered by bilateral agreements on mutual visa exemption, primarily based on nationality.
EU Regulation No. 539/2001 (with amendments) determines which countries are respectively visa-required and visa-exempt for the entire Schengen area, and Norway follows the same list.
Visa facilitation agreements, which Norway has entered into with several countries, regulate simplified application procedures, fee exemptions, and more lenient conditions for the exercise of discretion when processing visa applications.
The Three Main Categories of Visas
1. Schengen Visa (Immigration Act § 10)
This is the standard visa for short-term stays of up to 90 days in a 180-day period. To obtain a Schengen visa, the following conditions must be met:
Valid, approved travel document
Substantiation of the planned purpose of the stay
Sufficient means for subsistence and return journey
Not registered in SIS (Schengen Information System) with an entry ban
Not pose a threat to public order, internal security, public health, or international relations
Even when these basic conditions are met, a visa can still be denied based on a discretionary assessment of three main considerations:
Foreign policy considerations
Fundamental national interests
Immigration regulatory considerations
The assessment of immigration regulatory considerations involves a balance between the applicant's need for entry on the one hand, and the likelihood that the applicant will leave the Schengen area when the visa period expires on the other.
Factors assessed include:
The applicant's connection to their home country (job, housing, family)
General conditions in the home country (political situation, living conditions)
Previous travel history
The purpose of the visit
2. National Visa for Humanitarian Reasons (Immigration Act § 11)
This visa only gives access to Norwegian territory, not the rest of the Schengen area. It can be issued when an ordinary Schengen visa cannot be granted, but when it is necessary due to:
Humanitarian reasons
National considerations
International obligations
The holder must travel directly to Norway from a country outside the Schengen area, and similarly upon departure. This type of visa is issued to a limited extent, and the decision-making authority lies with the Norwegian Directorate of Immigration (UDI).
3. Entry Visa (Immigration Act § 12)
This visa is intended for people who intend to stay in Norway beyond 90 days. It is issued in three situations:
When a visa-required person has been granted a residence permit
When a person has applied for a residence permit and wants to enter while the application is being processed
When a person has the right to apply for a residence permit after entry
Unlike the national visa under § 11, the entry visa gives the right to transit through other Schengen countries.
Discretionary Assessment in Visa Cases
When the basic conditions for a Schengen visa are met, the discretionary assessment comes into play. The most central assessment is related to immigration regulatory considerations – especially whether the applicant can be expected to return to their home country when the visa period expires.
In this assessment, two main considerations are weighed against each other:
Return prerequisite: The strength of the applicant's connection to their home country
Need for entry: How important the visit to Norway is for the applicant
Factors considered under the return prerequisite include:
Housing situation
Work or studies
Family responsibilities
General conditions in the home country
Previous travel history to the Schengen area
Factors related to the need for entry may include:
Family visits, especially close relatives
Welfare considerations, such as illness or death in the family
Business considerations
Cultural exchange or educational purposes
Section 10, third paragraph of the Immigration Act specifies that children's need for contact with their parents should be given special weight in this assessment.
Visa Information System (VIS)
To streamline visa processing and strengthen border control, the Schengen countries have established the VIS database, where information about visa applicants is stored. As part of the application process, applicants must provide biometric data in the form of fingerprints and a digital image, which are stored for up to five years.
VIS serves several purposes:
Better implementation of common visa policy
Easier exchange of information between Schengen countries
Simplified identification of foreigners
Support for the application of the Dublin Regulation
Decision-Making Authority
The Norwegian Directorate of Immigration (UDI) formally has the main responsibility for deciding on visa applications, but this authority is largely delegated to Norwegian foreign missions. The actual main rule is that applications are decided at the foreign missions.
Norway also participates in a representation cooperation with other Schengen countries, where the countries represent each other by receiving and processing visa applications. This is especially important in places where Norway does not have a foreign mission.
Authority to decide on applications for a national visa under § 11 is reserved for UDI, mainly because such visas constitute an exception to the principle of free movement within the Schengen area.
Visa Duration and Flexibility
A Schengen visa is issued for a specific validity period and for a specific number of entries, adapted to the purpose of the visit. In principle, the visa cannot be changed after issuance, but in unforeseen circumstances, the duration can be extended or a new entry can be granted.
For special needs, a multiple-entry visa can be issued that gives the right to multiple entries within a period of 12 months, and in some cases up to five years.
Emergency Visa in Extraordinary Situations
In special cases where a visa-required foreigner arrives at the border without a visa, an emergency visa can be issued under certain conditions. This assumes that the general conditions for a visa are met, and that unforeseen and compelling reasons speak for it.
Visa as an Immigration Regulatory Tool
The visa institute functions as a central immigration regulatory tool. It involves a clear differentiation between various nationalities and groups, based on an assessment of the emigration potential from different countries and regions.
An important exception to this regulatory mechanism is asylum seekers and refugees, who, according to the Refugee Convention, should be allowed entry at the border regardless of nationality. This principle is enshrined in Section 9, first paragraph, second sentence of the Immigration Act.
