This practice memo concerns asylum seekers who reside in Norway after having been excluded from refugee status pursuant to section 31 of the Immigration Act, or refused refugee status under section 28. Most of them have a temporary residence permit pursuant to section 74. The issue is whether they can be granted a general residence permit pursuant to section 38 first paragraph if they reside for a long period in Norway and submit a request for reversal.
A review of cases shows that it is not possible to identify a fixed time threshold for when a permit pursuant to section 38 should be granted. Practice shows that UNE makes a concrete and comprehensive assessment in each individual case. Key factors in the assessment are the length of residence in Norway, the best interests of the child, family considerations, health considerations, the possibility that obstacles to return may cease, and immigration regulatory considerations.
The main impression of practice is that a great deal is required to be granted a general permit pursuant to section 38 first paragraph.