Around 100 decisions have been reviewed, mainly dating from 2013 and 2014.

The memo does not address the practice in cases concerning ‘children who have stayed in Norway for a long period’, or cases where neglect and child welfare services are relevant issues. There are dedicated practice memos for these topics.

A practice can be said to exist if the same assessment is made in a large number of cases The memo will state whether the assessment has only been made in a limited number of cases, and thus does not represent an established practice. The crucial matter is what is stated in the grounds for the decision.

This is based on a complex and comprehensive assessment of whether a residence permit is to be granted pursuant to the Immigration Act Section 38. A number of factors will be relevant, but the weight of the factors will also vary depending on the circumstances that apply in the specific case in question. It is therefore difficult to define an exhaustive description of the threshold for when a permit can be granted pursuant to Section 38 of the Immigration Act. The memo primarily aims to provide an overview of the basis for the assessments, and the factors to be taken into consideration. The outcome of a concrete case must necessarily be based on the circumstances in the concrete case. It is emphasised that the factors discussed in the memo are not the only ones that are relevant, neither as regards the best interests of the child nor in the assessment of whether a permit can be granted pursuant to Section 38.

Read the practice memo in full (in Norwegian only)