Foreign nationals coming to Norway need a residence permit if their stay in Norway is to last longer than three months. The residence permit must normally be granted before arrival, with the exception of those seeking protection in Norway.
There are several categories of residence permits. One of these categories is family immigration on the basis of marriage. Family immigration is often referred to as family reunification or family establishment. The person who lives in Norway or who is a Norwegian citizen is referred to as the "reference person."
The residence permit requirement does not apply to Nordic citizens. Exceptions also apply where the couple has lived together in an EU/EEA country. In such cases, under certain conditions, it is sufficient for the foreign citizen to register through the registration scheme for EU/EEA citizens.
Residence permit after marriage
In order to be granted a residence permit on the basis of an existing marriage, it is a condition that the marriage is validly contracted. The marriage cannot bea "pro forma" marriage, nor can it have been contracted under duress. Furthermore, the spouses must have plans to live together in Norway.
Residence permit for upcoming marriage
In order to be granted a residence permit on the basis of an upcoming marriage, it is a condition that the couple plans to live together in Norway and marry within six months. The residence permit will not be extended or renewed if the marriage is postponed. It must be probable that the foreign spouse will return to their home country if the marriage does not take place.
In addition, the general requirements apply that the engagement is not "pro forma" or entered into under duress, and that neither of them is already married to someone else.
Residence permit for cohabitation or joint children
To be granted a residence permit on the basis of cohabitation, the couple must either have lived together for at least two years or have/be expecting a child together. Neither of them can be married to anyone else, and the couple must have plans to settle together in Norway.
Requirements for verified identity and minimum income
In all cases, a requirement for a residence permit is that the foreign spouse can document their identity and is not subject to an entry ban in Norway or the Schengen area.
The spouse in Norway, the reference person, must document an income above certain minimum limits set by the UDI. The income must be above the minimum limit in the year prior to applying for a residence permit, and be at least as high in the period until a decision is made.
Age requirement – 24 years
In cases concerning family immigration on the basis of marriage, future marriage or cohabitation, it is a condition that both persons are over 24 years of age when the application for a residence permit is processed. Exceptions apply where the couple were already married before arriving in Norway, had been cohabiting for at least one year or have/are expecting a child together.
If you are under 24 years of age and do not meet any of the exceptions, the UDI may still grant a residence permit after a specific assessment of the countries from which the couple originate.
Contact us
Do you have a spouse who lives abroad? Are you planning to marry a foreign citizen and settle in Norway? Do you need assistance with applying for family reunification?
The attorneys in Langseth's family law group have many years of experience working with international family law cases. We are members of leading international networks and collaborate with attorneys around the world. Contact us if you need assistance with your case.