Skilled labor immigration to Norway

Norway has a documented need for skilled labor, and the Immigration Act contains specific provisions that facilitate such labor immigration. The regulations balance the labor market's needs against the need for regulated immigration and the protection of working conditions.

The Legal Framework for Skilled Labor Immigration

Residence permits for skilled workers are primarily regulated by the Immigration Act § 23 and the Immigration Regulations § 6-1. This regulatory framework is the result of a gradual development since the introduction of the "temporary immigration stop" in 1975, which in reality was not a complete stop, but a transition to more selective labor immigration based on Norway's needs.

The Immigration Act § 23 outlines the general conditions applicable to all workers, while the Immigration Regulations § 6-1 defines the specific conditions for skilled professionals. The provision is formulated as a legal claim, which means that if the conditions are met, the applicant has a legal right to a residence permit.

The Competence Requirement: Definition and Practice

The core of the regulations for skilled workers is the competence requirement in the Immigration Regulations § 6-1 first paragraph. An employee must meet one of the following alternative conditions:

1. Vocational Education

To be considered "vocationally educated," it is required that the foreigner can document:

• Completed three-year vocational education at the high school level, within the profession the applicant has a job offer

• A trade certificate in a relevant field

• Completed education from a college or university

It is important to note that general education does not qualify; the education must be vocational. Historically, the requirement has varied - previously, there was a requirement for higher education, but this was lowered to the three-year high school level to meet the demand for labor in sectors such as healthcare and IT.

When assessing foreign education, an equivalence principle is applied - the education must provide equivalent competence as Norwegian education. If equivalent vocational education in Norway lasts for four years (typically two years of theory and two years of practice), it is required that the foreigner can document education of the same duration.

2. Special Qualifications

This alternative applies in two main situations:

a) For professions where formal education exists in Norway, but where the applicant does not have such education:

• The foreigner must have acquired competence nearly equivalent to the level of such education through practical experience

• The practical experience must generally be of longer duration than the formal education

• Strict documentation requirements are set through detailed attestations

b) For professions where no formal education exists in Norway:

• The practical experience must be in nature and scope comparable to what can be considered as vocational education

• Normally several years of targeted competence enhancement are required

• Typical examples are "sweet makers" from countries like Pakistan and India, where at least 10 years of work experience is required

The Relevance Requirement: A Central Limitation

It is not sufficient that the employee has vocational education or special qualifications; the competence must also be "relevant to the position" (ir. § 6-1 first paragraph letter a). This means that:

1. The offered position must require vocational training or special qualifications

2. The competence the foreigner possesses must be necessary to perform the job

3. The salary level must correspond to the position requiring professional competence

In the assessment, the immigration authorities examine:

• Job description and tasks

• Employer's statement on competence requirements

• Salary level compared to the normal level for skilled workers in the industry

The relevance requirement functions as a legal barrier to circumventing the regulations, by preventing skilled workers from being employed in positions that are effectively unskilled. The immigration authorities have in practice rejected applications where the salary level indicates that the position does not require professional competence, even if the applicant themselves has such competence.

The Authorization Requirement for Regulated Professions

For professions where qualification requirements are stipulated by law or regulation, the foreigner must have approval or authorization from the relevant professional authority (ir. § 6-1 first paragraph letter b). This applies for example to:

• Healthcare personnel (authorization from the Norwegian Directorate of Health)

• Electricians (approval from the Norwegian Directorate for Civil Protection)

• Lawyers, veterinarians, architects, etc.

This requirement reflects that labor immigration cannot bypass national qualification requirements established for safety, health, or quality reasons. The approval process varies between professions and can be time-consuming, which must be considered in the application process.

Heightened Competence Requirement for Certain Professions

For certain professions, a heightened competence requirement applies under ir. § 6-1 second paragraph. This includes:

Religious Leaders and Teachers (priests, imams, etc.)

For these, vocational training at a higher level than high school is required. The background is partly for reasons of notoriety (difficult to verify religious competence at a lower level) and partly to have religious leaders with formal education.

Nationality Chefs

A nationality chef is a chef who is to work at a nationality restaurant, meaning an establishment that only offers food from one country. Here it is normally required to have at least 10 years of work experience as a chef in the home country. This strict requirement has been introduced to ensure authentic cooking competence and prevent circumvention of the regulations.

Permits granted under ir. § 6-1 second paragraph (heightened competence requirement) apply, unlike ordinary skilled permits, to "a specific job for a specific employer," which means the foreigner must apply for a new permit if changing employers.

The Quota System and Labor Market Assessment

According to ir. § 6-1 first paragraph letter c, the applicant must be covered by the quota for skilled workers, or alternatively, the position must not be able to be filled by domestic labor or labor from the EEA/EFTA area.

The quota is set annually by the Ministry of Labor and Social Affairs and has in recent years been 5000 persons. This quota has never been filled, which means that in practice no individual labor market assessment is made when processing applications for skilled permits.