Apr 6, 2025
Family Immigration in Norway – Rules, History, and Rights
Scope and Historical Development
Since 1990, family immigration has accounted for approximately 40% of the total non-Nordic immigration to Norway. Between 1990 and 2015, family reunification (reunion of already existing family relations) accounted for 60% of the family immigration, while family establishment (establishing new family relationships) accounted for 40%.
The number of family immigration permits reached its highest level towards the end of the Immigration Act of 1988, with over 20,000 approvals in 2008. From 2009 to 2010, the number fell drastically from 18,112 to 9,988, mainly because EEA citizens under the new Immigration Act no longer needed a residence permit to live with family members in Norway.
This change has also affected which nationalities dominate the statistics. While Polish and German citizens topped the list before the rule change, Somalia, Thailand, the Philippines, Eritrea, and India have been among the nationalities with the most family immigration permits since 2010.
It is primarily spouses and children who are granted permits through family immigration. In 2016, these groups together accounted for about 82% of the total number of family immigration permits, and when people who obtained permission to enter into marriage are included, the proportion rises to around 87%.
The Structure of the Regulations
Norwegian Regulations
In the Immigration Act of 2008, the rules on family immigration are placed in chapter 6 (§§ 39-53). This law regulates family immigration to a greater extent through statutory provisions than the previous Immigration Act of 1988, where many central rules were regulated in regulations. This makes the regulatory framework more transparent and accessible to the affected parties.
The provisions are divided into two main groups:
Those granting the right to a residence permit when the conditions are met (§§ 40-45)
Those giving the possibility of a residence permit, so-called "can-rules" (§§ 46-49)
In addition, there are special provisions on the cut-off point for when an applicant or reference person is considered to be under 18 years (§ 50), as well as exceptions from the right to family immigration (§ 51).
The provisions in §§ 52-53 deal with situations where the applicant has had a permit that expires, but where there is a basis for granting a new permit on a new basis, for example, based on child custody arrangements or after a relationship breakdown due to death, abuse, or forced marriage.
Relationship to International Regulations
Although there are no international conventions that give an absolute right to family immigration, Norwegian authorities are nevertheless constrained by several international obligations. The most important are:
The European Convention on Human Rights (ECHR) Article 8, which grants the right to respect for private and family life
The UN Convention on the Rights of the Child (CRC) Articles 3, 9, and 10, which, among other things, state that the best interests of the child should be a primary consideration and that applications for family reunification should be processed in a "positive, humane and expeditious manner"
The EU Family Reunification Directive is not binding for Norway, but still has significance for the development of Norwegian regulations, partly due to the desire for harmonization with other European countries.
Residence Permit for Spouses
Immigration based on marriage is the most common form of family immigration and constituted 47% of the total family immigration in 2011. The conditions are the same regardless of whether the marriage is entered into between persons of the same or opposite sex.
General Conditions
For a spouse to obtain a residence permit, the reference person must be:
A Norwegian or Nordic citizen residing or planning to reside in Norway
Have a permanent residence permit or a residence permit that can lead to a permanent permit
Have residence through collective protection (as long as the protection has not ceased)
Both spouses must be at least 18 years old, and from 2017 a 24-year requirement applies to family establishment. This requirement was introduced to combat forced marriages. The general rule is that the spouses should live together in Norway, but exceptions can be made in special cases, such as working abroad for Norwegian interests or humanitarian organizations.
Special Provisions
Marriage of Convenience
A central reason for refusal is the suspicion of a marriage of convenience. The Immigration Act § 40 fourth paragraph provides the authority to refuse a residence permit if "the primary purpose" of the marriage is to provide the applicant with grounds for residence in Norway. The evidence requirement is common preponderance of evidence, and the authorities bear the burden of proof.
Factors that may indicate a marriage of convenience include limited contact before marriage, limited knowledge of each other, lack of a common language, large age differences, payment for the marriage, or the applicant having previously attempted to obtain residency on another basis.
In 2011, refusal based on assessments of convenience marriages was given in 119 cases, while in the same year, over 6000 permits were granted on the grounds of marriage.
Prohibition of Bigamy
Polygamy is not allowed in Norway. If a reference person has more than one spouse, only one can obtain a residence permit through family immigration. If a divorce is filed to bring a new spouse to the country, but the first couple continues their relationship in reality, this will be affected by the prohibition on bigamy.
Requirement of Four Years of Work or Education
The Immigration Act § 40a states that the reference person in certain cases must be able to demonstrate four years of work or education before the spouse can obtain a residence permit. This requirement applies only to family establishment, not family reunification.
The requirement applies to reference persons who have received protection, arrived as quota refugees, received collective protection, a residence permit on humanitarian grounds, or through family immigration rules. Persons who are Norwegian or Nordic citizens, or who have come as labor immigrants, are exempt.
Interview of the Reference Person
A person residing in Norway who marries abroad must return to Norway for an interview with Norwegian immigration authorities before the spouse can obtain a residence permit. This is a measure against forced marriage and provides an opportunity for persons who have been forced into marriage to come to Norway without the spouse.
Fiancé Visa
Foreigners intending to marry a reference person in Norway can obtain a residence permit for up to six months to enter into the marriage. The permit entitles them to work but does not grant grounds for a permanent permit and cannot be renewed.
Residence Permit for Cohabiting Partners
An applicant who has lived in a stable relationship with a reference person for at least two years has the right to a residence permit when they intend to continue the relationship. Both cohabitation abroad and in Norway count, but for cohabitation in Norway, only legal time counts.
If the couple does not meet the two-year cohabitation requirement but has a child together, the applicant will nevertheless have the right to a residence permit. Applicants expecting a child with a reference person may be granted a permit but do not have an entitlement.
Cohabiting partners must meet the same age requirements as spouses, and neither party can be married to obtain a permit, unless there are permanent obstacles to getting a divorce.
Family Immigration between Parents and Children
Residence Permit for Children
Children under 18 who are not married or have a cohabiting partner can obtain a residence permit to live with their parents in Norway. If both parents have a residence permit, the child has the right to a permit. If only one parent has a residence permit, it is crucial that this parent has parental responsibility. In cases of shared parental responsibility, consent from the other parent must be obtained.
If only one parent resides in Norway, no permit will be granted if it is against the best interest of the child. In accordance with the rules on bigamy, a residence permit can only be granted to more than one child if they are full siblings.
Residence Permit for Parents
Family Reunification with a Child Who Needs Protection
Parents of a child who has received a residence permit on the basis of protection are entitled to a residence permit. This does not apply if the child has been granted a permit on the basis of strong humanitarian concerns. The distinction is due to the fear that children without protection needs will be sent to Norway to create an "anchor" for the family.
Family Reunification with a Norwegian Child
A mother or father of a Norwegian child under 18 is entitled to a residence permit if the applicant has parental responsibility and lives permanently with the child. This right is limited by provisions intended to prevent bigamy cases.
Contact with a Norwegian Child
A foreign parent who is to have contact with a Norwegian child after the parents' relationship ends has the right to a residence permit if they have had close contact with the child over the past year, have visitation rights of a certain extent, and can substantiate future contact.
Elderly Parents
Mothers or fathers over 60 with adult children in Norway may be granted a residence permit if they are single and have no relatives in the ascending or descending line in their home country.
Maintenance Requirements in Family Immigration Cases
As a general rule, there is a requirement for guaranteed maintenance to be granted family immigration. This means the reference person must prove an income equivalent to 88% of pay grade 19 in the state's salary scale (256,256 Norwegian kroner as of May 1, 2017).
Under current rules, only the reference person can meet the maintenance requirement, the requirement applies also to the year before the permit is granted, and the reference person must not have received social assistance in the past year.
There are several exceptions to the maintenance requirement, including:
For a spouse, cohabiting partner, or child under 18 of a reference person with refugee status (applies only in family reunification cases)
For children under 15 years without caregivers in the home country
When the reference person is under 18 years
Exceptions can also be made for particularly strong humanitarian concerns.
Continued Residence Permit in Case of Relationship Breakdown
If a residence permit based on marriage or cohabitation terminates before permanent residence is reached, there are provisions guaranteeing continued residence in certain cases:
Child Custody Arrangements
If the parties have children together, the one without a permanent residence permit may be granted continued residence based on child custody arrangements.
Independent Basis
A foreign national has the right to continue a residence permit if:
The spouse or cohabiting partner dies
They have been abused in the relationship
The marriage ends because it was entered under duress
It is also possible to get a permit if a relationship breakdown would lead to unreasonable difficulties in the home country because of social or cultural circumstances.
Conclusion
Family immigration is a complex legal area affecting many people's lives. The regulations balance the consideration of family unity against immigration-regulating concerns and clearly distinguish between the reunification of existing family relations and the creation of new family relationships.
Since 1990, family immigration has made up a significant part of immigration to Norway, and despite tighter regulations, this form of immigration continues to be important. Simultaneously, regulatory changes, such as the abolition of residence permits for family members of EEA citizens and the introduction of the 24-year requirement and the four-year requirement, have affected both the extent and composition of family immigration.
The regulatory framework is designed to balance various considerations, including the right to family life, protection against forced marriage and abuse, prevention of marriages of convenience and bigamy, and the best interest of the child. This balancing act makes family immigration a politically contentious area while being of great significance to the many thousands of people who annually seek to be reunited with family members in Norway.
