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Norsk

UDI circulars

RS 2011-038
Document-ID : RS 2011-038
Case-ID : 09/4741-16 (18/04283)
Documentdate : 30.10.2018
Receiver :

The Norwegian directorate of Immigration
The Chiefs of Police
The foreign service missions

Service providers and business starters who are not EEA nationals, cf. Section 114 second paragraph of the Immigration Act and Section 19-16 of the Immigration Regulations


1. Introduction

2. Residence for up to three months

2.1. Same conditions for both groups

2.2. Service providers

2.3. Business starters

3. Residence for more than three months

4. Residence cards

4.1. Documentation requirements

4.2. Content of a residence card

4.3. Rejection and expulsion

1. Introduction

This circular deals with residence permits for service providers and business starters who are not EU/EEA/EFTA nationals (EEA nationals), but who are employed in an EU/EEA/EFTA country (EEA country). The rules for third-country nationals are set out in Chapter 13 of the Immigration Act, cf. Chapter 19 of the Immigration Regulations (the EEA regulations).

The object of both the service provision and business establishment is that the applicant stays in Norway for a limited period and then returns to the country he or she was seconded from when the service has been provided or business established.

2. Residence for up to three months

Third-country nationals who are employed in an enterprise established in another EEA country, and who are to:

  1. carry out work in Norway under the rules in the EEA Agreement relating to free movement of services, or

  2. establish an economic activity in accordance with the rules in the EEA Agreement relating to freedom of establishment, cf. Section 110 fourth paragraph of the Immigration Act,

have a right of residence for up to three months without applying for a residence card, cf. Section 111 second paragraph second sentence of the Immigration Act.

2.1. Same conditions for both groups

It is a condition that the person in question has a valid passport. It is also a condition that the person has legal residence in the EEA country he or she is seconded from, and is able to return to that country after the period of residence in Norway.

It is also a condition that the establishment concerns a business enterprise. The term business enterprise can be widely interpreted. As a main rule, the activity must be of an economic nature, but there are no requirements concerning whether its object is to make a profit or gain. An example is the activities of a religious organisation, as long as its operations are of an economic nature.

There are no requirements concerning how long an employee must have been employed before he or she is seconded to another EEA country.

To hold right of residence for three months, a third-country national who is a service provider or business starter must not become an unreasonable burden for public welfare systems, cf. Section 111 second paragraph of the Immigration Act, cf. first paragraph.

2.2. Service providers

It follows from the principle of free movement of services that the enterprise that provides services has the right to use its own employees as part of service provision, regardless of the employee’s nationality.

Service provision shall be temporary. Whether a service provision is temporary or permanent is subject to a concrete assessment.

The term service provider only covers seconded employees, i.e. independent contractors are not covered. A seconded employee is considered a service provider when he or she is seconded from a company in another EEA country to Norway. Seconding of employees can take place in several ways, e.g. as part of the performance of a contract or hiring out labour.

The employee must be seconded as part of the provision of a service of a limited duration. The seconded employee must also be part of the permanent workforce, cf. Section 19-8 second paragraph of the Immigration Regulations. In other words, it is not sufficient that the person in question is only employed in a company to perform services in other EEA countries.

2.3. Business starters

A number of conditions must be met in order to fall under the term ‘business starter’. The person in question must be an employee of an enterprise established in another EEA country and have legal residence in that country. In accordance with the judgment in the case Centros (C-212/97), it is not relevant whether a company is established in a member state for the sole purpose of being able to establish a company in another member state. This applies even if most of the company’s activities take place in the company that is established in Norway. The reason for choosing to establish a company in a given member state is, in other words, not relevant to the application of the rules concerning the right to establish an economic activity. The business starter must

  • have a management position in the enterprise or

  • have special competence that is crucial to the enterprise's ability to become established in Norway, cf. Section 19-8 third paragraph of the Immigration Regulations.

3. Residence for more than three months

Service providers and business starters have right of residence for more than three months as long as this occurs as part of the provision of a service or is necessary for the establishment of an economic activity in the realm, cf. Section 114 second paragraph of the Immigration Act. The conditions set out in section 2 above, with sub-sections, must still be met, cf. Section 19-16 of the Immigration Regulations.

4. Residence cards

For stays above three months, a service provider or business starter must apply for a residence card, cf. Section 118 first and third paragraphs of the Immigration Act, cf. Section 19-24 of the Immigration Regulations. Application procedures for residence cards are described in circular RS 2011-035.

4.1. Documentation requirements

  • valid passport

  • documentation of legal residence in the country the applicant is seconded from (a residence permit or residence card).
    The applicant must also document that he or she is able to return to the county after the period of residence in Norway.

Service providers

  • an assignment contract between the foreign company the applicant is employed in and the principal in Norway, including information about the duration of the contract. In some cases, a letter from the principal in Norway specifying the assignment and its duration may be sufficient. It is not required that the nature of the service provision is documented.

  • employment contract between the service provider and the foreign employer

Business starters

  • employment contract

  • documentation that the applicant has a management position or has special competence that is crucial to establishing the economic activity in Norway, if this is not stated in the employment contract. This could be documentation of work experience or education, or a letter from a manager of the company.

  • documentation that the enterprise in which the person is employed is establishing an economic activity in Norway. This could be a transcript from the Norwegian Register of Business Enterprises or business plans.

4.2. Content of a residence card

A residence card is documentation that the person has right of residence in Norway.

Right of residence as a service provider or business starter does not form the basis for permanent right of residence nor for family immigration, cf. Section 19-16 second paragraph of the Immigration Regulations.

Applicants must apply to renew the residence card before it expires at a police station or a service centre for foreign workers. Renewal applications will be decided within six months of submission of a complete application.

4.3. Rejection and expulsion

Service providers and business starters who do not hold right of residence pursuant to the provisions set out in Section 111 second paragraph or 114 second paragraph of the Immigration Act, can be rejected pursuant to the provisions of Sections 17 and 18 of the Immigration Act, and expelled pursuant to Chapter 8 of the Immigration Act, cf. Section 19-5 second paragraph of the Immigration Regulations.

 

Karl Erik Sjøholt
Head of Department

Latest changes
  • New: RS 2011-038 Service providers and business starters who are not EEA nationals, cf. Section 114 second paragraph of the Immigration Act and Section 19-16 of the Immigration Regulations (10/30/2018)

    The Circular is now available in English.

Norwegian Directorate
of Immigration
Utlendingsdirektoratet
P.O. box 2098 Vika
NO-0125 Oslo
Norway

Editor in Chief: Stephan Mo