Work permit cases

Most of the cases concerning work in Norway that UNE considers are applications for residence permits for skilled workers. Several requirements must be met in order for such a permit to be granted. Many of the appeal cases UNE considers concern these requirements:

• whether the applicant has skilled worker qualifications
• whether the position requires the applicant to have skilled worker qualifications in order to perform the work, known as the relevance requirement
• whether the applicant has been offered a high enough salary

To be considered a skilled worker, the applicant must show that they have completed education and/or have work experience. They must show that their qualifications correspond to what they would have obtained through equivalent education in Norway.

If the applicant only has work experience, they must submit thorough and detailed documentation showing that this experience has given them skilled worker qualifications. The threshold for being considered a skilled worker based solely on work experience is high.

Example: 

• An applicant states that they are a qualified carpenter. In order to be considered a skilled worker, they must submit documentation showing that they have completed education or have work experience that means their qualifications are equivalent to those obtained through carpenter training in Norway.

The requirement that the position must require skilled worker qualifications, known as the relevance requirement, means that skilled worker qualifications must be necessary in order to perform the main duties of the position. This is because a skilled worker must perform skilled work in Norway. The fact that the applicant’s qualifications are useful or desired by the employer does not necessarily mean that they are considered relevant under the regulations.

Examples: 

• An applicant with a master’s degree in education is offered a job as an assistant in a kindergarten. Based on the description of the position, a master’s degree in education is not necessary in order to perform the work. The conditions for a permit are not met.
• An applicant with a bachelor’s degree in business administration is offered a job as a shop assistant. If it turns out that this bachelor’s degree is not necessary in order to perform the duties of the position, the conditions are not met.
• An applicant with a craft certificate as a car mechanic is offered a job as a carpenter. They may have some experience as a carpenter from their home country, but this is not particularly well documented or of long duration. The relevance requirement is therefore not met.

UNE also rejects cases where the employee has not been offered a high enough salary. The salary level that is considered high enough is set out in these guidelines: UDI 2010-129.

We consider a number of cases where the applicant already has a permit as a skilled worker, but applies to have it renewed. These are called renewal cases. We then investigate whether the applicant has actually had the duties, salary and working conditions that formed the basis for the permit. In many of the renewal cases we consider, the applicant has received too low a salary or has not worked full time. We reject these cases because the conditions were not met during the previous permit period, and on that basis we do not believe they will be met in the future.

You can read more about the conditions for being granted a work permit on the UDI's website (external link).

UNE considers a number of appeal cases where the applicant has applied for a permit to be self-employed in Norway.

The same requirements for skilled worker qualifications and relevance apply in these cases as for skilled workers. Some applications are rejected because there is no financial basis for the business, which is also a requirement for being granted a permit. The business activities must also be of such a scope that it is necessary to stay in Norway in order to participate in the day-to-day running of the business.

You can read more about the requirements for being granted a work permit on UDI’s website (udi.no)

We also consider a number of appeal cases concerning temporary permits as seasonal workers. In these cases, we often assess whether the applicant will be carrying out seasonal work, or whether the pay and working conditions are met.

If UDI has found that the work is not seasonal work, it is important that the applicant submits documentation showing why the duties can only be carried out during a specific part of the year, and that this is the company’s peak season.

UNE will review your whole case and check whether UDI’s decision is correct. UNE may assess your case differently from UDI.

In most of the cases where we reverse UDI’s decision, UNE has received new documentation that UDI did not have when it made its decision. The new documentation may show that the conditions for a residence permit are met. 

If you have been offered a different position before UNE has finished considering your case, you must send us a new offer of employment form, which you can find on UDI’s website. The same applies if you have been offered a higher salary or a higher full-time equivalent percentage. The offer of employment form must be signed by you and your employer.

If you have new or additional documentation of your qualifications, or of the position you have been offered, you can also send this to us. You can use the additional information form. In order for us to consider documents sent to us, they must be translated into Norwegian or English by a translation agency.

If you submitted your application for renewal of your work permit to the police within a month before the expiry of your previous permit, you are entitled to stay in Norway on the same terms until UNE has considered your case. This means that you are also entitled to do the same job as the job for which you were granted a permit.

If you applied later than one month before your previous permit expired, but the UDI has granted you deferred implementation, you must contact the UDI to find out what this means for you. This is because you are not entitled to stay here on the same terms as before. You may have been allowed to stay in Norway, but not to work here.

We will consider your case even if you go home in the meantime. You can only return to Norway if you have been granted permission to do so.

Read more at UDI regelverk:

• Utlendingsloven kapittel 3 (external link)
• Utlendingsforskriften kapittel 6 (external link)

UDI's circulars:

• Residence permit for skilled workers (external link)
• Residence permit for seasonal workers (external link)
• Residence permit for self-employed persons (external link)