Several areas that were previously regulated by the Regulations will now be covered by the Act, and the Act has been given a new structure.
Certain terms relating to the field of immigration will be different in the new Act. Moreover, Norway's international commitments with regards to asylum will be more prominent, and the legal position of children will be strengthened in general, at the same time as more attention will be given to children's needs in immigration cases.
All permits are called Residence Permits
The term residence permit replaces residence and works permits, so that all permits are now called residence permits. In principle, a residence permit will entitle the holder to work in Norway, but in some cases it will be specified that the residence permit does not entitle the holder to work, or that certain restrictions will apply in relation to work. The term work permit will no longer be used.
Permanent Residence Permit
A permanent residence permit entitles the holder to permanently reside and work in Norway. Permanent residence permits replace settlement permits in the New Act. This permit is granted to persons who have had permits for at least three consecutive years that form the basis for a permanent resident permit in Norway.
Changes in relation to asylum and refugees
An important change in the new Act is that more people will be given refugee status. Pursuant to the Act, persons who are currently granted asylum and persons who are protected from being returned will be given protection. This means that both groups will be given status as refugees, and thereby will also be entitled to the rights that this entails.
The new Act also entails several conceptual changes. For example, the word asylum is replaced by the word protection, which is used in international refugee law.
Easier registration for EEA nationals and their family members who are also EEA nationals
The new Act simplifies procedures for EEA nationals who find work in Norway and move here. EEA nationals who receive an offer of employment in Norway no longer need to submit an application, they are only required to register at a police station and submit documentation of the employment.
Moreover, the new regulations mean that family members of EEA nationals are also required to register. This allows them to follow their immediate family members to Norway relatively quickly and easily.
The EEA Regulations also grant right of residence to family members of EEA nationals who are not nationals of an EEA/EFTA/EU country, and for employees who work in enterprises that are established in the EEA area (service providers and entrepreneurs). These persons must apply for a so-called residence card.
Persons covered by the EEA Regulations will also now be given an opportunity to permanently reside in Norway.
Early employment scheme enables labour migrants to start employment in Norway as quickly as possible
The early employment scheme enables labour migrants to start working before their residence permit applications have been processed and granted.
General strengthening of and more attention to the rights of children
Children's rights are strengthened in general and their needs are given more attention in the new Act. The best interest of the child has been taken into account in immigration cases in line with the international commitments by which Norway is bound. The Regulations include a new main provision stating that children over the age of seven and younger children who are capable of forming their own opinion must be heard before decisions are made in cases that concern them. In asylum and family immigration cases, special rules are introduced in relation to carrying out interviews with children.
Stricter rules for Family Immigration
The new Act introduces new criteria for granting family immigration permits and stricter requirements for assured subsistence (financial support).
In family immigration cases, the main rule is that the person living in Norway must be able to document a sufficient income the year before he or she wishes to bring his/her family to Norway, and he/she must also be able to prove that he/she will have sufficient income the following year. In addition, a new requirement is introduced stating that the reference person in Norway, as a main rule, must not have received social secuity benefits the past year.