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Norsk

UDI circulars

Document-ID : RS 2012-016
Case-ID : 09/2688-19-20 og 17/02377-2
Documentdate : 27.02.2018
Receiver :

The police districts
The foreign service missions
The Directorate of Immigration

Residence permits for musicians, performers, artists or accompanying necessary support staff – Section 6-22 first paragraph of the Immigration Regulations


1. Introduction

2. Application procedures

2.1. Place of application

2.2. Power of decision

3. Conditions for residence permits

3.1. Contract for an engagement

3.2. Pay and working conditions, remuneration

3.3. Full-time employment

3.4 About 'gaps' in a series of contracts

3.5 Age

3.6 Subsistence and accommodation

3.7 Return conditions

4. Documentation requirements

5. The content and validity of the permit

6. Reporting to the police and implementation of the permit

7. Change of contract/change of tour itinerary

7.1. Changing or taking over contract

7.2. Change of tour itinerary

8. Renewal of a permit

9. Disqualification period following ended period of residence

10. Family immigration

1. Introduction

This circular replaces circular RS 2010-104, which is repealed. The new circular has been prepared to comply with the guidelines for pay and working conditions set out in circular 2010-129. Minor adjustments have also been made.

The circular provides guidelines for considering applications for a residence permit pursuant to Section 6-22 first paragraph of the Immigration Regulations. For consideration of applications for a residence permit pursuant to Section 6-22 third paragraph of the Immigration Regulations (other cultural purpose) reference is made to circular 2015-012.

In this context, musicians, performers and artists refers to persons who are to carry out an activity of a cultural nature. The purpose of this activity must be to present culture, for example through music, dance, theatre or similar. Dancing where the purpose is striptease, for example, will fall outside the scope of this provision, since it is not considered to be presenting culture.

When the assignments do not exceed 14 days in the course of a calendar year, musicians, performers, artists and necessary support staff are exempt from the residence permit requirement, cf. Section 1-1 fifth paragraph of the Immigration Regulations, described in more detail in circular 2011-032.

If the applicant meets the requirements for a residence permit as a skilled worker pursuant to Section 6-1 of the Immigration Regulations, a permit shall be granted under this provision. However, the skilled worker provision will only apply to the above-mentioned occupations in exceptional cases, since it includes a condition that the applicant must have an ordinary employment relationship with a Norwegian employer. Most applicants who come to Norway, on the other hand, are contracted by one or more principals in Norway to perform assignments of a limited duration. Section 6-22 first paragraph of the Immigration Regulations is intended to address exactly these temporary employment relationships/assignments, and a residence permit under this provision does not form the basis for a permanent residence permit.

2. Application procedures

2.1. Place of application

As a rule, applications for a residence permit must be submitted through a Norwegian foreign service mission in the applicant's country of origin, or through a Norwegian foreign service mission in the country in which the applicant has held a residence permit for the past six months, cf. Section 10-2 third paragraph of the Immigration Regulations. In general, a residence permit must have been granted prior to the foreign national's entry into Norway, cf. Section 56 of the Immigration Act. It is therefore not possible to enter and submit an application from Norway. Nor is an applicant permitted to submit an application at a Norwegian foreign service mission and then enter Norway.

An applicant can submit an application from Norway in exceptional cases, cf. Section 10-1 of the Immigration Regulations. This applies if the applicant is a skilled worker, cf. Section 6-1 of the Immigration Regulations, on the condition that he or she has legal residence in Norway, cf. Section 10-1 first paragraph letter (a) and third paragraph of the Immigration Regulations. Applications from Norway are submitted to the police in the district in which the applicant first works, cf. Section 10-2 fifth paragraph of the Immigration Act.

The Directorate of Immigration (UDI) can consent to applications being submitted in an alternative manner in individual cases and for groups of applicants if strong grounds of reasonableness so warrant, cf. Section 10-2 seventh paragraph of the Immigration Regulations.

2.2. Power of decision

Decisions in these cases are made by the Directorate of Immigration, cf. Section 65 first paragraph of the Immigration Regulations.

3. Conditions for residence permits

3.1. Contract for an engagement

The applicant must present a contract for an engagement for a specific, continuous period of time, for one or more employers or principals. The contract must be signed by both parties. It must also regulate rights and obligations between the parties, including working hours, place of work and pay/remuneration, and any supplements in the form of e.g. free board and lodging.

3.2. Pay and working conditions, remuneration

The conditions in this section are stipulated in accordance with Section 6-22 first paragraph, last sentence of the Immigration Regulations.

The pay and working conditions must not be inferior to those stipulated in the current collective agreement or pay scale for the industry in question.

For contracts with Rikskonsertene, the agreement on engagement conditions for musicians on short-term contracts with Rikskonsertene, entered into between Rikskonsertene on the one hand and the Norwegian Musicians' Union (MFO) and the Norwegian Union for Dance Professionals on the other, will apply. The collective agreement for the music industry is available on the MFO's website, www.musikerorg.no.

If no collective agreement or pay scale exists, the pay and working conditions must not be inferior to what is normal for the occupation and place concerned. Normal pay in this context means the pay earned by Norwegian employees or contractors.

If no collective agreement exists, normal pay is not documented and the case concerns an assignment that requires higher education, the stipulation of minimum wage will be based on the Basic Collective Agreement for the Civil Service. The guidelines in appendix 1 to circular RS 2010-129 must be followed. If the case concerns an assignment that does not require higher education, it must be ensured that the foreign national meets the general requirement for assured means of subsistence, cf. section 10-7 of the Immigration Regulations. For more information, see section 3.6 below.

If the applicant is a contractor, he or she must receive remuneration that, as a minimum, corresponds to the pay requirement described in this section. Since a fee paid in connection with an assignment can cover more than just pay, the applicant must substantiate in such cases that he or she can withdraw pay that, as a minimum, corresponds to the applicable rate for employees.

It is emphasised that, as a rule, only monetary compensation is deemed to constitute pay.

3.3. Full-time employment

As a rule, the employment must concern full-time work, cf. Section 6-22 first paragraph, last sentence of the Immigration Regulations. The working hours of musicians and dance bands must be at least 21 hours a week in order for the work to be considered full-time employment.

It is not relevant whether the minimum wage in accordance with the above-mentioned comparable collective agreement is related to a higher number of hours per week than 21, since the monthly salary offered must always, as a minimum, be equivalent to the amount stipulated in the collective agreement. An employer or principal's claim that the monthly wage/remuneration must be reduced proportionately because the working hours are fewer than the basis for the collective agreement will therefore not be accepted.

3.4 About 'gaps' in a series of contracts

It will often be the case that musicians have a number of contracts for musical performances. In some cases, there will be 'gaps' in a series of contracts, i.e. periods between jobs where the musician has no musical performances. However, a residence permit can still be granted for the whole period, provided that such 'gaps' do not account for more than 20 per cent of the total period of residence.

3.5 Age

The applicant must have turned 15 years of age at the time of decision for a residence permit to be granted pursuant to Section 6-22 first paragraph of the Immigration Regulations. Applicants between the ages of 15 and 18 must have the consent of their parents or another person exercising parental responsibility, cf. Section 6-32 first paragraph of the Immigration Regulations.

3.6 Subsistence and accommodation

It is a condition for being granted a residence permit that the applicant is assured means of subsistence, cf. Section 10-7 of the Immigration Regulations. It follows from the first paragraph letter (a) of this provision that subsistence is deemed to be assured when the foreign national will receive sufficient income from employment. Income from full-time employment is usually considered sufficient, but established administrative practice indicates that this income should be at least 82 per cent of pay grade 19 in the pay scale for Norwegian state employees. For more information, see the appendices to this circular.

It is also a condition that accommodation is guaranteed, cf. Section 10-12 of the Immigration Regulations. This means that the foreign national has the use of a house, flat, bedsit or similar that satisfies official requirements.

3.7 Return conditions

A residence permit granted pursuant to Section 6-22 first paragraph of the Immigration Regulations is a time-limited permit that does not form the basis for a permanent residence permit. This entails a clear requirement that the applicant must leave Norway when the permit expires. When assessing whether a residence permit can be granted, the probability that the applicant will leave Norway when the permit expires, unless he or she has other grounds for continuing to stay in Norway, is therefore a key factor. Both individual circumstances relating to the applicant and general conditions in the applicant's country of origin will be important in this assessment.

4. Documentation requirements

In addition to the completed application form (online or on paper), the applicant must submit:

a copy of his or her passporta contract for an engagement for a specific, continuous period of time. The contract must include information about pay/remuneration, working hours and place of work, and be signed by the employer/principal and applicant or person responsible for the orchestra/dance band. Applicants who have assignments for several principals must submit their contracts with all of these principals.if the contract has been entered into with a group: documentation showing the pay/remuneration for each individual member of the group if the remuneration is intended to cover more than just pay: a specification of how much of the amount is pay and how much is intended to cover other things.information about subsistence and accommodationa tour itinerary for performers on tour and employers of fun fairs or circuses.

Inadequate documentation may extend case processing time or lead to rejection of the application.

5. The content and validity of the permit

A residence permit pursuant to Section 6-22 first paragraph of the Immigration Regulations can be granted for up to one year. The permit's validity will not exceed the period applied for or the duration of the contract(s), cf. Section 10-16 fifth paragraph of the Immigration Regulations.

The permit is linked to the work and place of work stated in the contract(s), cf. Section 6-33 first paragraph of the Immigration Regulations.

The permit does not form the basis for a permanent residence permit.

6. Reporting to the police and implementation of the permit

The foreign national must report to the police within seven days after entering Norway. The police in the district where the foreign national first works are to issue the permit for the whole period for which the foreign national is to work in Norway.

7. Change of contract/change of tour itinerary

7.1. Changing or taking over contract

A residence permit pursuant to Section 6-22 first paragraph of the Immigration Regulations is granted on the basis of contracts submitted with the application. In special cases, the UDI can consent to the foreign national changing contracts or taking over contracts within the period of validity of the residence permit in order to fill gaps in the series of contracts, without requiring a new application to be submitted, cf. Section 26 of the Immigration Act, cf. Section 6-22 first paragraph, last sentence of the Immigration Regulations.

The UDI can accept the replacement of the original contracts with other contracts. It is a condition for such a change that the original workplace has

changed owners, and that the new owner refuses to acknowledge the contracts entered intoreorganised operations to another type of business, rendering music etc. unnecessaryhad to reduce/discontinue the use of live music for financial reasonsbeen wound up or is in the process of winding up operationsbeen forced to cancel the contract for other grounds of reasonableness.

It can also be accepted that persons take over contracts from other persons who are unable to perform their contractual obligations due to illness etc. The reason why a person cannot fulfil his/her contractual obligations must be documented by means of e.g. a doctor's certificate. A contract may only be taken over to fill 'gaps' in a series of contracts, cf. section 3.4 above. The new contract must therefore come in addition to the contracts that the residence permit is already based on.

A request to change/take over a contract must be sent in writing to the police in the district where the applicant is staying. The request is presented to the UDI for approval in writing or by phone.

If a foreign national who is to take over a contract does not hold a residence permit, he or she must apply for a residence permit in accordance with the ordinary procedures, cf. section 2.1 above. If a musician takes over a contract lasting beyond the validity of the residence permit, he or she must submit an application for renewal of the permit in accordance with the ordinary procedures. The application for a renewed permit must be submitted before the permit held by the person in question expires.

The need to change contracts has proven to be greatest for musicians (particularly dance bands), but when applicable, the guidelines can also be applied to other groups who are granted residence permits pursuant to Section 6-22 first paragraph of the Immigration Regulations.

7.2. Change of tour itinerary

Musicians, performers and artists on tour, and circus and fun fair employees can be allowed to make changes to their tour itinerary if reasonable grounds so indicate. The request is submitted in the same way as for a change of contract, but must be submitted at the latest two weeks before the changed assignment is to take place.

8. Renewal of a permit

A residence permit granted pursuant to Section 6-22 first paragraph of the Immigration Regulations can be renewed within the one-year time frame, cf. Section 10-21 first paragraph of the Immigration Regulations and Section 61 of the Immigration Act.

9. Disqualification period following ended period of residence

A foreign national who has been granted a residence permit pursuant to Section 6-22 first paragraph of the Immigration Regulations must be absent from Norway for a period of three months before a new permit can be granted under the same provision, cf. Section 6-22 fourth paragraph of the Immigration Regulations.

10. Family immigration

Residence permits may be granted to the closest family members of a foreign national who has been granted a residence permit pursuant to Section 6-22 first paragraph of the Immigration Regulations, cf. Section 9-6 first paragraph of the Immigration Regulations.

 

Karl Erik Sjøholt
Head of Department

Contact: The Managed Migration Department, Work Unit

 

Latest changes
  • Changed: RS 2012-016 Residence permits for musicians, performers, artists or accompanying necessary support staff – Section 6-22 first paragraph of the Immigration Regulations (2/27/2018)

    The circular and attachment are now available in English.

  • Changed: RS 2012-016 Oppholdstillatelse til musiker, artist, kunstner eller medfølgende nødvendig hjelpepersonell - utlendingsforskriften § 6-22 første ledd (1/15/2013)

    The circular regarding residence permit for musicians, performers, artists or accompanying necessary auxiliary personell, has been updated due to changes in the Immigration Regulations.

  • RS 2012-016 Oppholdstillatelse til musiker, artist, kunstner eller medfølgende nødvendig hjelpepersonell - utlendingsforskriften § 6-22 første ledd (10/16/2012)

    The circular is updated due to changes in the state pay scale for Norwegian state employees. Changes are made to chapter 3.6 and the annex.

  • RS 2012-016 Oppholdstillatelse til musiker, artist, kunstner eller medfølgende nødvendig hjelpepersonell - utlendingsforskriften § 6-22 første ledd (7/11/2012)

    Rundskrivet er oppdatert etter dagens praksis:

    • Retningslinjene angående lønnsvilkåret er justert (rundskrivets punkt 3.2.).
    • Under punkt 4 er dokumentasjonskravene presisert for å få frem bedre opplysninger om lønn.
    • Det er i tillegg gjort andre mindre endringer i rundskrivet.

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

Editor in Chief: Stephan Mo