The circular is now available in English.

The circular is now available in English.

Ten amendments to the Immigration Act entered into force on 1 January 2019. A new section 21 a regulates when the police may restrain or bring a person in for questioning related to a general immigration control. For background information and a complete overview of all amendments see Prop. 117 L (2017-2018) and LOV-2018-12-20-117 (only available in Norwegian).

New Chapter 14A of the Norwegian Nationality Regulations enters into force on 1 January 2019, at the same time as amendments to the Norwegian Nationality Act on loss of Norwegian citizenship due to criminal actions. Chapter 14A is issued pursuant to Sections 31c, 31d, and 31f of the Norwegian Nationality Act. The new regulations provide procedural rules for court proceedings by lawsuits concerning the validity of decisions pursuant to the Norwegian Nationality Act Section 7, second paragraph. According to Section 7, second paragraph, a person is not entitled to Norwegian citizenship if consideration of fundamental national interests or foreign policy considerations speaks against it.

The Norwegian Nationality Act Chapters 5 and 6 have been amended so that a person with Norwegian and other citizenship can lose their Norwegian citizenship by judgment. This applies in accordance with new Section 26 a, if one is sentenced in accordance with Chapter 16 of the Criminal Code (genocide, crimes against humanity and war crimes), 17 (protection of Norway's independence and other fundamental national interests) or 18 (terrorist acts and terror-related acts) and has exhibited conduct to seriously harm Norway's vital interests. The new rules do not apply to actions committed before the age of 18, and the court must make a proportionality assessment in which consideration is given to the person, the family and the child's best. Also amendments to section 27, and new rules on proceedings in court in new Sections 31a to 31h.

The Immigration Regulations Annex 2 is updated due to an agreement between Norway and Jordan on visa waiver for holders of Jordanian diplomatic passports. The visa waiver does not apply to entry into Norway for those who will be employed by embassies, etc. in Norway. The amendment is in effect from 9 December 2018.

Several of the provisions of the Immigration Act have been amended with effect from 1 November 2018.

In Chapter 6 Family immigration, section 53, first paragraph, letter b, is expanded so that abuse by other members of the same household or of in-laws can provide grounds for a new residence permit on an independent basis.

In Chapter 8 Expulsion, sections 66-67 are expanded so that a foreigner can be expelled when he or she has been or would have been excluded from recognition as refugee under Section 31, first to third paragraph. The changes in Chapter 8 are included in Section 73 (Absolute protection against removal), fourth paragraph, new second sentence, and in section 90(Implementation of administrative decisions), sixth paragraph, letter f.

The Immigration Regulations have been amended in connection with the amendment to Immigration Act section 53. Continuation of a residence permit on an independent basis, effective 1 November 2018. New letter f in § 10-8, fourth paragraph, exempts applicants who receive a residence permit on an independent basis pursuant to section 53, first paragraph, letter b from the requirement for future income. The new fourth paragraph of section 19-2 states that family members covered by Chapter 13 of the Act (who are covered by the EEA Agreement) may obtain a residence permit pursuant to section 53, first paragraph, letter b of the Act. Subsequent paragraphs are shifted.