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Norsk

UDI circulars

Document-ID : RS 2015-012
Case-ID : 15/07201
Documentdate : 27.02.2018
Receiver :

The police districts
The foreign service missions
The Directorate of Immigration

Residence permits for cultural purposes – Section 6-22 third paragraph of the Immigration Regulations, cf. Section 26 of the Immigration Act


1. Introduction

2. Conditions

2.1. Cultural purposes

2.1.1. Culture disseminators

2.1.2. Creative artists

2.1.3. Athletes

2.1.4. School pupils

2.1.5. Trainees and visiting students/teachers under the Erasmus+ programme

2.2. Subsistence and accommodation

2.2.1. Third-party guarantees

2.3. Age

3. Return conditions

4. Application procedure

5. Documentation requirements

6. Content of the permit

7. Duration of the permit

7.1. Pupils invited by a municipality

8. Power of decision

9. Renewed permits

1. Introduction

This circular replaces RS 2010-047.

The circular provides guidelines for considering applications for a residence permit pursuant to Section 6-22 third paragraph of the Immigration Regulations. The provision sets out a general right to grant residence permits for a total of two years for other cultural purposes than those named in the first and second paragraphs of the provision. Guidelines for musicians, performers, artists and accompanying necessary support staff, cf. Section 6-22 first paragraph, are provided in circular RS 2012-016. Guidelines for working guests in agriculture, cf. Section 6-22 second paragraph, are provided in circular RS 2010-137.

2. Conditions

2.1. Cultural purposes

It is a condition that the stay has a cultural purpose.

It follows from the preparatory works to this provision that the permit shall only granted to promote cultural cooperation and development and that the provision shall allow for a more flexible practice than previously. It also states that several of the grounds for residence of a cultural nature that, under the previous Immigration Regulations, were regulated in separate provisions are now covered by Section 6-22 third paragraph of the Immigration Regulations. This circular deals with a number of cultural purposes that can constitute grounds for residence pursuant to this provision. The list of grounds for residence is not exhaustive.

 2.1.1. Culture disseminators

To be granted a residence permit as a culture disseminator, it is a condition that the applicant disseminates knowledge about Norway and Norwegian culture abroad. The applicant must already have established themselves as a culture disseminator abroad and continue to do so after their period of residence in Norway. By way of exception, it may be accepted that the applicant is going to start disseminating Norwegian culture abroad. A factor in the assessment in such case will be whether the applicant has already disseminated knowledge about other countries. It can, for example, concern a person who travels to different countries and subsequently disseminates the country’s culture through books, lectures etc. The applicant must substantiate that the stay in Norway is important for their ongoing work as a culture disseminator.

2.1.2. Creative artists

To be granted a residence permit as a creative artist, it is a condition that the applicant is an established artist. This must be documented. For example, a painter must be able to document previous exhibitions and a writer must document previous books published or similar.

The applicant must substantiate that the stay in Norway is important to their development as an artist because certain elements present in Norway are important to the applicant being able to produce a product (picture, book, sculpture, etc.).

A tattoo artist can be deemed a creative artist when they draw sketches and, through the choice and presentation of motives, show special artistic skills. As documentation of being established as an artist, the tattoo artist can, for example, present prizes or other forms of recognition received for their work. Whether residence in Norway can be deemed important for the tattoo artist’s development as an artist will rest on a concrete assessment of information they provide. For example, it is imaginable that a tattoo artist who works at a high level can benefit from working with motives unique to Norway, including Norse motives.

2.1.3. Athletes

To be granted a residence permit as an athlete, it is a condition that the purpose of the stay is for the applicant to practise a sport in Norway. As a rule, the stay must be necessary to establish or further develop the branch of sport. This can, for example, apply to ballroom dancers.

A statement must be obtained from the Norwegian Olympic and Paralympic Committee and Confederation of Sports.

The provision can also be considered when athletes are to spend a long training period in Norway or when athletes are to take part in a major sports event in Norway and the total period of residence in the Schengen area necessitates a permit, cf. Sections 9 fourth paragraph and 55 second paragraph of the Immigration Act.

If the stay does not meet the above-mentioned conditions, the athlete's application must be considered pursuant to the provision in Section 6-1 first paragraph of the Immigration Regulations, see section 7 of circular RS 2014-018.

2.1.4. School pupils

A residence permit can be granted if the applicant is a pupil who has been invited by a municipality to work there. It is a condition that the host municipality furnishes a financial guarantee for the applicant, and that it has established a cooperation with the municipality the applicant comes from. 

2.1.5. Trainees and visiting students/teachers under the Erasmus+ programme

A residence permit can be granted if the applicant is a trainee on the Youth in Action programme under the European Voluntary Service (EVS), which is part of the EU programme Erasmus+. The same applies if the applicant is a visiting student/teacher in the Key Action 1 scheme under the Erasmus+ programme.

It is a condition that the Directorate for Children, Youth and Family Affairs (Bufdir) confirms that the foreign national is a participant on the programme, and that costs of board, lodging, travel and any other needs will be covered.

2.2. Subsistence and accommodation

The applicant's subsistence and accommodation must be ensured for the period applied for, cf. Section 58 of the Immigration Act and Sections 10-7 and 10-12 of the Immigration Regulations. Sufficient subsistence is deemed to be ensured if the applicant has funds corresponding to 82 per cent of salary grade 19 in the pay scale for Norwegian state employees; see Appendix 1.

As a rule, the funds shall be placed in a Norwegian bank account in the applicant's name. If the applicant is funding the stay through public funding or a grant from their country of origin, they must document where the money is coming from, the amount and how often it will be transferred to Norway.

Accommodation is deemed to be ensured when the foreign national has the use of a house, apartment, bedsit etc. that satisfies official requirements. If the applicant is intending to rent, they must submit a written lease approved by the landlord, housing cooperative or other person responsible for the accommodation, cf. Section 58 of the Immigration Act, cf. Section 10-12 first and second paragraphs of the Immigration Regulations.

2.2.1. Third-party guarantees

As a rule, third-party guarantees are not accepted.

For participants in the Erasmus+ programme, cf. section 2.1.5 above, it is nonetheless sufficient that Bufdir confirms assured means of subsistence and accommodation.

It may be accepted that parents living in Norway guarantee that an applicant will receive board and lodging. The value of board and lodging follows from Appendix 1. The applicant must document that they have the remaining amount in a Norwegian bank account in their own name. A guarantee from the parents that the applicant will also receive this amount will not be accepted. It is a condition that parents who guarantee board and lodging can document income corresponding to a minimum of 82 per cent of pay grade 19 in the pay scale for Norwegian state employees; see Appendix 1.

Guarantees from spouses/cohabitants may be accepted for the whole subsistence period if the person in question lives in Norway. There is no requirement for a joint account. Marriage must be documented by a wedding certificate. If the applicant and the guarantor are cohabitants, documentation must be submitted confirming that the cohabitation has been permanent and established for at least two years. The guarantor must be able to document an income equivalent to a minimum of 82 per cent of pay grade 19 in the pay scale for Norwegian state employees; see Appendix 1.

A guarantee of accommodation can be accepted from relatives, friends or cultural organisations/sports clubs. In such case, it is a condition that a lease is presented stating that the applicant is not going to pay rent. The value of the accommodation/lodging will be set at half the value of board and lodging; see Appendix 1.

2.3. Age

The applicant must have turned 15 at the time of decision in order to be granted a residence permit. Applicants between the ages of 15 and 18 must have the consent of their parents or another person who has parental responsibility for them. Reference is made to Section 6-32 first paragraph of the Immigration Regulations.

3. Return conditions

As is the case for all permits not forming the basis for a permanent residence permit, an assessment will be made of whether it is probable that the applicant will leave Norway after the permit expires. Both individual circumstances relating to the applicant and conditions in the applicant's country of origin will be important in this assessment.

4. Application procedure

A residence permit must have been granted before a foreign national enters Norway, cf. Section 56 first paragraph of the Immigration Act. However, this does not apply if the applicant is covered by the exemption provisions set out in Section 10-1 of the Immigration Regulations. The procedure for applying for a residence permit is regulated in Section 10-2 of the Immigration Regulations.

5. Documentation requirements

The documents that must be enclosed with the application for a residence permit are listed in Appendix 2.

6. Content of the permit

The permit is granted in accordance with the purpose of the stay, cf. Section 6-33 first paragraph of the Immigration Regulations. A permit can be granted for part-time employment and work during holiday periods, cf. Section 6-33 third paragraph of the Immigration Regulations, without a concrete offer of employment having to be presented.

The permit does not form the basis for a permanent residence permit, cf. Section 6-22 fifth paragraph of the Immigration Regulations.

The permit may form the basis for family immigration, cf. Section 9-6 first paragraph letter (h) of the Immigration Regulations.

The permit can be renewed if it is valid for less than two years, cf. section 7 below.

7. Duration of the permit

A residence permit pursuant to Section 6-22 third paragraph of the Immigration Regulations can be granted for a total of two years. For more information about school pupils invited by a municipality, see section 7.1.

First-time residence permits can be granted for up to two years, but not, however, for longer than the period applied for or the period covered by the purpose of the stay. If there are other considerations indicating that the duration should be limited, the permit shall be granted for a shorter period. An example of such considerations would be a need to check whether the conditions for the permit continue to be met. Reference is made to Section 10-16 fourth and fifth paragraphs of the Immigration Regulations.

7.1. Pupils invited by a municipality

As a rule, resident permits for pupils invited by a municipality shall be granted for a total of three months.

8. Power of decision

Decisions concerning residence permits are made by the UDI, cf. Section 65 of the Immigration Act

9. Renewed permits

If a first-time permit is valid for less than two years, it can be renewed on application. The same conditions apply as for first-time permits.

The documents that must be enclosed with renewal applications for a residence permit are listed in Appendix 2.

The police can decide to renew a residence permit if there is no doubt that the conditions for a permit are met, cf. Section 13-2 of the Immigration Regulations.

Nikos Rippis
Chief Legal Adviser

 

Latest changes
  • Changed: RS 2015-012 Residence permits for cultural purposes – Section 6-22 third paragraph of the Immigration Regulations, cf. Section 26 of the Immigration Act (2/27/2018)

    The circular and attachments are now available in English.

  • Ny: RS 2015-012 Oppholdstillatelse ut fra et kulturelt formål-utlendingsforskriften § 6-22 tredje ledd, jf. utlendingsloven § 26 (9/21/2015)

    Rundskrivet erstatter RS 2010-047. Det nye rundskrivet gjenspeiler den praksisen som har utviklet seg de siste årene. Dette gjelder konkret hvilke kulturelle formål det kan gis tillatelse til, bruk av tredjemanns garanti og hvilke krav til dokumentasjon som stilles.

Norwegian Directorate
of Immigration
Utlendingsdirektoratet
P.O. Box 8108 Dep.
NO-0032 Oslo
Norway

Editor in Chief: Stephan Mo