UNE's decision is final. You must comply with what the decision stipulates regardless of whether you disagree with what it entails. To defy it means you’re embarking on an illegal stay in Norway which could lead to serious consequences.
Illegal stay in Norway can among other things result in your being deported from the country with an accompanying denial of entry into the country and the Schengen area. You can also be denied other rights that you would otherwise be entitled to, like economic support to re-establish yourself in your home country. What you risk to lose, is dependent on what permit you’ve applied for and the particular circumstances of your case.
What is a request for reversal?
It is possible for you to request that UNE reconsiders your case. Such a request for reversal must be made in writing. You can use this form or you can send us a letter explaining what you believe to be wrong with the decision. As a rule, you must also submit new and pertinent information or new documentation that supports your case for reversal.
We rarely reverse our decisions
We rarely reverse our own valid decisions. Different rules apply for different types of cases. You can read more about the different types of cases here.
You must in any case provide your address in Norway. Requests for reversal are often given brief answers that do not state the grounds for the decision.
In any case, UNE cannot grant a permit other than the one the appeal case concerns. For example, if your case concerns protection, UNE cannot grant you a permit for family immigration. This would be a new case that the Directorate of Immigration (UDI) would have to consider first.
When we receive requests for reversal, we first consider if there is new pertinent information. We often give short replies without any further elaboration on the grounds for rejection.
New information in protection cases
If your application for protection is rejected, there must be pertinent new information in the case in order for us to reverse a rejection. If you have new information about yourself or your country of origin that you believe might make returning life threatening, we will normally consider the information. In some cases, you can also request for a reversal if your situation has changed significantly. Examples of such changes could be that you’ve become a parent or have become seriously ill, and this has a bearing on your case. In special situations, new rules and instructions can also lead to UNE reconsidering your case on application.
What do I do if I have been deported and there are new circumstances in my case?
In this case, you can apply to have the prohibition against entry lifted. You must apply from a Norwegian embassy or consulate, not from Norway. UNE can lift the prohibition against entry in special situations. You can also apply to enter Norway for short visits, but this will normally only be granted after two years.
Residence and citizenship cases
As a rule, you must re-apply to UDI for a residence permit if UNE has rejected your appeal. However, if you can prove that you met the criteria for being granted a residence permit when we made the decision, you can submit a request for reversal. This must be done within one month of UNE’s decision. You must enclose documentation that shows that all of the criteria were met prior to the decision being made.
Can I stay in Norway while UNE considers my request for reversal?
No, a request for reversal does not entitle you to stay in Norway. In certain cases, we will permit you to stay on a temporary basis. This is called deferred implementation. You will be informed in writing of whether or not you have been granted deferred implementation, normally within three weeks after we receive your request. If you are not granted deferred implementation, you must leave Norway and the Schengen area voluntarily. If you do not leave, you can be arrested and deported by the police. You can also be deported and prohibited from entering Norway, and normally also the whole Schengen area.
When will I receive an answer?
You will first receive a short confirmation that UNE has received your request for reversal. Waiting times vary. You can read more about waiting times here.
Can I appeal UNE's decision?
You can appeal UNE's decision to the Ombudsman. Although the Ombudsman cannot reverse a negative decision, the office of the Ombudsman can express views on your case. It is also possible to sue UNE in the Norwegian court system. It is not recommended that you do this before a lawyer or legal advisor recommends this course of action. To sue UNE entails that you wish to nullify UNE's decision in a court of law. If you lose the case you might have to pay all legal costs. Therefore you must be certain of winning the case before you go to court.
It isn’t certain that you’ll be allowed to stay in the country until your case is heard. Sometimes you may be allowed to stay, sometimes not. It is either UNE or the court that decides whether you get to stay in the country until your case is concluded. If not, you’re required leave and await the final verdict in your country of origin.