UDI 2010-063 Family immigration with a student

1. Introduction

This document provides guidelines for determining the cases in which a residence permit can be granted for family immigration with a reference person who holds a residence permit as a student in Norway, pursuant to the Immigration Act Section 26; cf. the Immigration Regulations Sections 6-19 first and third paragraphs.

2. Who can be granted a permit

Family immigration with a student can be granted to the closest family members of the reference person. Closest family members are spouses/partners, cohabitants where the parties have lived together in a permanent and established cohabitation for more than two years, and unmarried children under 18 years of age; cf. the Immigration Act Section 40, Section 41 first paragraph and Section 42.

3. Requirements of the reference person’s basis for residence

An application for family immigration with a student shall only be granted in cases where the reference person holds a residence permit for the purpose of completing higher-level education. An application for family immigration with a student shall, as a rule, be rejected if less than a year is left of the reference person’s studies at the time the decision is made. An application can be granted although the reference person’s permit will expire within a year if the reference person’s stay in Norway has been of a short duration and there is no doubt that the parties will return to their home country when the reference person has concluded his/her studies.

4. Requirement for guaranteed subsistence

It is a condition for being granted a permit that the subsistence requirement has been documented as being met; cf. the Immigration Act Section 58, cf. the Immigration Regulations Section 10-7 to Section 10-11. Reference is made to guideline UDI 2010-118  on subsistence for more information.

5. Right to work

It follows from the Immigration Regulations Section 10-18 that spouses and cohabitants who have been granted a residence permit for family immigration with a reference person holding a permit pursuant to the Regulations Section 6-19 first, third and fourth paragraphs, and Section 6-20 and Section 6-22 third paragraph, can be granted a permit for full-time employment in Norway. This applies irrespective of whether the reference person pursuant to Section 6-33 second paragraph only has a limited right to work.

6. Power of decision and case processing

First-time applications will be decided by the Diirecotrate of Immigration (UDI), cf. the Immigration Act Section 65.

The police can renew a residence permit for family immigration with a student if there is no doubt that the conditions are met.

If the sponsor’s (the student’s) application for renewal must be sent to UDI for decision, the applications for renewal of the family members must also be sent to the UDI. If the UDI has renewed the student’s permit or the student still has a valid permit, the police can renew the permits for the family members.

7. Duration and content of the permit

The duration of the permit cannot exceed the duration of the reference person’s permit. The permit does not form the basis for a permanent residence permit. The permit is granted on the clear condition that the permit holder will return to his/her home country once the reference person has concluded his/her studies. The permit is not meant to give the applicant a particular connection with Norway; cf. the Immigration Act Section 38.