UDI 2010-035 DNA analyses when applying for a residence permit

1. Introduction

Thes guideline applies to the use of DNA analysis to determine family relationships in family immigration cases and in applications for protection in Norway, pursuant to the Immigration Act section 87.

The guideline only covers procedures for DNA analysis where the Norwegian Directorate of Immigration (UDI) require such a test. 

2. Who can be required to provide a DNA sample?

When it is necessary during case processing to confirm a family relationship and UDI has doubts about the claimed relationship, UDI may require the applicant and the stated family member to provide a biological sample for DNA analysis.

DNA testing may be required of applicants of any nationality when there is doubt about the relationship. Such doubt may arise if incomplete or contradictory information has been provided in the application, or if UDI considers that the attached documents cannot be given decisive weight. Most individuals required to provide a DNA sample will be those who have stated a parent/child relationship. 

A decision to require the applicant to provide a biological sample for DNA analysis is not an individual decision and therefore cannot be appealed.

The immigration authorities cannot obtain DNA by force. When UDI requires the applicant and the family member to provide a DNA test, the immigration authorities must inform them of the consequences of failing to provide such a test, cf. the Immigration Act section 87 second paragraph. 

2.1 DNA testing in family immigration cases

UDI determines whether DNA analysis is necessary in each individual case. As a general rule, UDI will request DNA testing in cases where the other conditions for family immigration are met, but there is doubt about the stated family relationships.

Due to uncertainty about documents that could substantiate identity and relationships, UDI routinely requires DNA testing to verify parent-child relationships in applications from Afghanistan, Iraq, Yemen, Syria, and all countries in Sub-Saharan Africa (except South Africa).

UDI must inform the Ministry of Foreign Affairs (Visa and Passport Unit) of any changes in practice that significantly affect the number of DNA tests.

DNA testing is carried out by the Norwegian embassy (designated hub) that received the application or by the police in Norway.

2.1.1 Preparation of a family immigration application

1. The application for family immigration must be submitted by the applicant and prepared in the usual manner at the embassy.

2. The application must then be forwarded to UDI for consideration.

3. UDI will review the case as normal. If all other conditions for granting a residence permit are met, but there is doubt about the stated family relationships, UDI may request DNA testing in accordance with Section 87 of the Immigration Act. It is up to UDI to decide whether the applicant and the reference person (the person who already holds a residence permit in Norway) must provide a DNA sample.

2.2 DNA testing in applications for protection

Doubt about family relationships may concern persons who arrived with the asylum seeker, persons already in Norway, or persons arriving later.

The National Police Immigration Service (NPIS) is responsible for conducting DNA tests in asylum cases, cf. the division of responsibilities set out in Police Directorate Circular 2012/005 (external link, login required). This means that all orders to provide a biological sample for DNA analysis are sent to NPIS.

If the applicant or family member lives within reasonable travel distance from Oslo (day trip), NPIS will carry out the sampling in accordance with the procedures set out in section 4.3. If the applicant and/or the family members live farther away, NPIS will send a request to the relevant police district to conduct the DNA test in accordance with the procedures.

2.2.1 Preparation of an application for protection

1. The application is submitted by the applicant and prepared in the usual manner by the National Police Immigration Service (NPIS).

2. The application is then forwarded to UDI for processing.

3. UDI will process the case as normal. If there is doubt about the stated relationships, UDI may offer DNA testing in accordance with Section 87 of the Immigration Act. It is up to UDI to decide whether the applicant should be offered DNA analysis.

3. Coverage of expenses

The immigration authorities will cover expenses related to sampling (equipment and shipment) and analysis. Expenses are covered only for DNA tests initiated by UDI.

3.1 Family immigration cases

UDI does not cover travel expenses for the applicant or reference person.

3.2 Applications for protection

UDI does not cover travel expenses, but the police cover interpreter costs for up to 50 hours during sampling. UDI reimburses additional interpreter costs upon request.

4. Procedures for conducting DNA analysis

4.1 UDI’s responsibilities

1. UDI must notify the embassy (hub station) where the application was submitted that the embassy should schedule an appointment for the applicant to provide a DNA sample. The embassy will normally contact the applicant, but in exceptional cases, the reference person may be asked to inform the applicant to contact the embassy as soon as possible to arrange an appointment for sampling.

2. UDI must send a similar notification to the police/NPIS instructing them to schedule an appointment for the reference person/applicant to provide a DNA sample.

3. UDI must send information to the reference person and, if applicable, the applicant in Norway regarding the need for DNA analysis. The letter must also explain the consequences of failing to provide a DNA sample.

4. At the same time, UDI must notify the laboratory responsible for the DNA analysis that an offer for DNA testing has been made in case no. X, involving X family members. The laboratory will register which individuals they can expect samples from.

5. If a sample has not been taken from an applicant within a certain period, UDI should inform the laboratory that the previously reported and planned DNA analysis in case X will not take place, so that any submitted samples from the applicant and the reference person can be destroyed. 

4.2 The embassy’s responsibilities

Detailed instructions are provided in Annex 2.

1. The embassy must summon the applicant on a scheduled date. The embassy must inform the applicant about the purpose of the appointment. The embassy may use the information letter for the applicant provided in Annex 5.

2. When the applicant attends the appointment, the embassy must explain the DNA analysis process, that a sample will be taken, what the DNA analysis will reveal, and that the result will be given weight in the further processing of the family immigration application. The embassy must also inform the applicant about the consequences of refusing to provide a DNA sample. The applicant must receive written information on DNA testing if the information letter in Annex 5 has not already been provided.

3. The person collecting the DNA sample must ensure that the Sample Declaration Form is completed correctly (see Annex 1). One form must be completed for each person providing a DNA sample.

4. The Sample Declaration Form must be signed by the person providing the DNA sample and the staff member collecting the sample.

5. If the person providing the DNA sample is under 18 years of age, the parent or guardian must complete the Sample Declaration Form, unless there are special circumstances requiring the child to attend without a parent/guardian. If the child is over 12 years old, he or she must also sign the form.

6. The applicant must bring one passport photo and any identity documents.

7. The embassy must ensure that the person appearing for DNA sampling is the same as the applicant. If the embassy has reason to believe otherwise, it must notify UDI and obtain a statement from the person who appeared.

8. The passport photo must be attached to the Sample Declaration Form together with copies of any identity documents.

9. The practical procedure for collecting the sample must follow the instructions in Annex 2.

10. The foreign service mission is responsible for ensuring that the sampling is carried out properly and that the identity of the person appearing for DNA testing is verified. The DNA test may be performed without healthcare personnel. The applicant must never be left alone with the sample. If any situation arises that could cast doubt on the origin of the sample, the embassy must take a new sample.

If the embassy cannot carry out sampling in accordance with the guidelines, the sampling must be postponed until the necessary equipment is available.

If the applicant does not attend the appointment, the embassy must attempt to reschedule. If the applicant fails to attend the rescheduled appointment, the embassy must notify UDI, which will then process the case in the usual manner.

If the applicant attends the appointment and maintains the application but refuses to provide a DNA sample, the embassy must prepare a note explaining the reason. The note must be sent to UDI, which will process the case in the usual manner. 

4.3 The police’s responsibilities

Detailed instructions are provided in Annex 4.

1. The police must summon the family member for an appointment. The police should provide information about the purpose of the appointment. If the summons is in writing, the police may include standardized written information about what DNA analysis entails (see Annex 6). If the applicant is a child applying alone, the police must obtain details about any guardian accompanying the child under 18 years to the embassy (see Annex 3).

2. In applications for protection, the police must summon both the applicant and the family member for an appointment.

3. When the family member attends the appointment, the police must explain the DNA analysis process, that a sample will be taken, what the DNA analysis will reveal, and what impact the result may have on the outcome of the application.

4. Normally, the foreign service mission will contact the applicant, but if this is not possible, the police may need to ask the family member to inform the applicant and ensure they contact the embassy promptly to schedule sampling. UDI will notify the police in such exceptional cases.

5. The person collecting the DNA sample must ensure that the Sample Declaration Form is completed correctly (see Annex 1). One form must be completed for each person providing a DNA sample.

6. The Sample Declaration Form must be signed by the person providing the DNA sample and the staff member collecting the sample.

7. If the person providing the DNA sample is under 18 years of age, the parent or guardian must complete the Sample Declaration Form, unless special circumstances require the child to attend without a parent/guardian. If the child is over 12 years old, he or she must also sign the form.

8. The police are responsible for ensuring the sample is taken, and the sample may be collected without healthcare personnel. The person must never be left alone with the sample. If any situation arises that could cast doubt on the origin of the sample, the police must take a new sample.

9. The person performing the DNA test at the police station must verify the identity of the family member/applicant. A copy of the presented photo ID must be attached to the Sample Declaration Form.

10. If several family members are asked to provide samples at the police station, steps 3–9 must be repeated.

11. The practical procedure for collecting the sample must follow the instructions in Annex 4.

If the person does not attend the appointment with the police, the police must notify UDI, which will process the case in the usual manner. UDI must inform the embassy in English that the planned DNA analysis in case X will not take place because the family member did not attend the appointment.

If the reference person attends the appointment and maintains the application but refuses to provide a DNA sample, the police must obtain an explanation. The explanation must be written down and sent to UDI, which will process the case in the usual manner. 

4.4 The laboratory’s responsibilities

1. The submitted samples are registered and analyzed in accordance with UDI’s order.

2. The laboratory checks the received samples and notifies UDI if the seal is broken or if there are any other remarks regarding the samples.

3. The test result, with the case number indicated, is sent to UDI.

4. UDI is the laboratory’s client. If the applicant, a reference person authorized by the applicant, or a lawyer has questions regarding processing time or test results, they must contact UDI and not the company performing the analysis.

5. Application processing following the DNA analysis 

If the analysis confirms the claimed relationship and the sample was taken correctly, the relationship is considered documented. UDI processes the application as usual.

5.1 When the DNA test does not confirm the stated relationship in applications for family immigration

If the analysis does not confirm the stated information about the family relationship, UDI must ensure that the applicant and/or the reference person is informed of the test result through the police or the embassy. The applicant and/or the reference person must be given the opportunity to comment on the result before UDI makes a decision, cf. the Public Administration Act section 17.

5.2 When the DNA test does not confirm the stated relationship in applications for protection

If the analysis does not confirm the stated information about the family relationship, UDI must ensure that the applicant is informed of the test result. The applicant must be given the opportunity to comment on the result before UDI makes a decision, cf. the Public Administration Act section 17. 

6. Storage and destruction of DNA tests

The DNA sample and any related information must be deleted and destroyed as soon as possible after the family relationship has been confirmed or disproved, cf. Section 87 of the Immigration Act, third paragraph.

For case processing purposes, including any appeal proceedings, UDI will generally retain the test and results for 12 months after the decision has been made.

The storage and collection of data must be carried out in accordance with the current license issued by the Norwegian Data Protection Authority.