UDI 2010-082 Residence permits for Norec participants

1. Introduction

This document provides guidelines on the processing of applications for residence permits for Norec participants pursuant to Section 6-24 of the Immigration Regulations.

It follows from the Norwegian Norec’ bylaws that the Norec shall contribute to implementing the overall objectives of Norway's cooperation with developing countries: Contribute to lasting improvement of the financial, social and political situation of the population in developing countries, with particular emphasis on ensuring that the poorest people benefit from the aid. With this goal in mind, the Norwegian Norec aims to help to create contact and cooperation between individuals, organisations and institutions in Norway and developing countries (partners). The collaboration consists of exchange of own personnel (Norec participants). Within its purpose, the Norwegian Norec shall, among other things, promote mutual learning and contribute to returning knowledge and experience to its own society by providing funding to partners, and facilitating recruitment and training of Norec participants.

2. The requirements for a residence permit for Norec participants, cf. Section 6-24 of the Immigration Regulations.

• The applicant is a participant in the Norec scheme. This must be documented by submitting a Norec invitation letter. This must include where the applicant will work, how long the engagement will last and the salary he or she will receive.
  
  
• The applicant has been hired by a Norwegian partner that has received funding from the Norec. This must be documented by submitting the designated form stating the concrete work offer (or a contract signed by both parties). Reference is made to the Norec’ bylaws, in which a requirement for receiving funding from the Norec is that the partner assumes employee responsibility. The documentation must include where the applicant will work, how long the working relationship will last, working hours and the salary the person will receive.
  
  
• As a rule, it must involve full-time work for one employer.
  
  
• The applicant’s pay must be in accordance with the Norwegian Norec' bylaws in force at all times. These stipulate that the Norec participants must not replace local labour, and that learning and competence raising is an important part of the Norec participants' work. Moreover, it is stipulated that participants shall receive remuneration adjusted for local conditions based on a modest standard in accordance with guidelines set by the board of the Norwegian Norec. The Norwegian Norec’ remuneration of applicants, decided in cooperation with its partners, will often be low and sometimes lower than 82 per cent of salary grade 19 in the pay scale for Norwegian state employees. See also the next section on subsistence.
  
  
• Regardless of the pay requirement, the applicant must be guaranteed subsistence, cf. Section 10-7 of the Immigration Regulations. Sufficient subsistence is deemed to be guaranteed if the applicant has funds, for example pay, corresponding to 2,5 times the basic amount in the Norwegian National Insurance Scheme (G). The amount applies as subsistence requirement from 1 January 2021 according to Instruction GI-17/2020. In cases where the pay is lower than this, cf. the section on pay and working conditions above, the subsistence requirement can still be deemed to be met based on a concrete assessment. This assessment will take into consideration whether the applicant will also receive payment in kind, such as free board and lodging, and/or whether there is a guarantee from a third party, cf. Section 10-7 fourth paragraph of the Immigration Regulations.
  
  
• Accommodation must be ensured for the applicant, cf. Section 10-12 of the Immigration Regulations.
  
  

• Return conditions: A residence permit as a Norwegian Norec participant pursuant to Section 6-24 of the Immigration Regulations is a permit of limited duration and it 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. We also refer to the bylaws of the Norwegian Norec, which stipulate that, in order to receive funding from the Norwegian Norec, the knowledge and experience gained must be returned to the Norec participant's country of origin after the end of service.

  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. See further discussion in section 9 of UDI 2013-019 Return conditions in applications for residence permits for work and study (only in Norwegian).

3. Application procedure

As a rule, the residence permit must have been applied for and granted before the foreign national enters Norway, cf. Section 56 of the Immigration Act. The application must be submitted to a Norwegian foreign service mission in the country of which the applicant is a national, or to 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. If the applicant meets the requirements for submitting an application for a residence permit from Norway, cf. Section 10-1 first paragraph letter (a) and third paragraph of the Immigration Regulations (the applicant is a qualified skilled worker and is lawfully staying in Norway), the application is submitted in the police district in which he or she is to reside during the Norec work, cf. Section 10-2 fifth paragraph of the Immigration Regulations.

4. Duration and content of the permit

A residence permit for Norec participants can be granted for a total of four years, cf. Section 6-24 first paragraph of the Immigration Regulations.

In general, a first-time residence permit is granted for two years, but not, however, for longer than the period applied for and not for a period that exceeds the length of the employment relationship. If there are considerations indicating that the duration should be further 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.

The permit applies to work as a Norec participant for a specific employer and at a specific place of work, cf. Section 6-33 first paragraph of the Immigration Regulations. The permit does not form the basis for a permanent residence permit.

5. Renewal

The residence permit as a Norec participant can be renewed within the time frame of four years if the conditions for a first-time permit are still met, cf. Section 10-21 first paragraph of the Immigration Regulations. A new permit may be granted for up to two years, cf. Section 10-24 first paragraph of the Immigration Regulations.

6. Power of decision

Decisions will be made by the Directorate of Immigration, cf. Section 65 of the Immigration Act. The police has the authority to grant applications for renewal of a residence permit in cases where there is no doubt that the conditions for renewal are met, cf. UDI 2010-089 (only in Norwegian) and Section 13-2 of the Immigration Regulations.

7. Family immigration, cf. Section 9-6 of the Immigration Regulations

Residence permits may be granted for the closest family members of the foreign national, cf. Section 9-6 first paragraph letter (j) of the Immigration Regulations.