Key Benefits:
Law of changes in the foreigner law mv. (instrum II) |
| Date | LOV-2016-06-17-58 |
| Ministry of | The Justis and the Department of Emergency |
| Last modified | |
| Published | In 2016 booklet 8 |
| Istrontrecation | 01.09.2016, 01.10.2016 The King decides |
| Changing | LO-2003-200-07-04-80 , LO-2005--06-10-51 , LAW-2008-05-15 -35 |
| Announcement | 17.06.2016 |
| Card title | Change law to the foreigner law mv. |
In law 15. May 2008 No. 35 about foreigner's access to the realm and their stay here are made the following changes :
Section 9 first joints should be sounding :---
Section 9 new sixth and seventh joints should sound :---
Section 28 fifth clause should sound :
The court of recognition as a refugee after the first clause does not apply if the foreigner can obtain effective protection in other parts of the homeland than the area the applicant has fled.
Section 32 new clause should sound :---
Section 32 new sixth clause should sound :---
Section 34 other joints should sound :---
Section 40 other joints should sound :
It is a provision for residence permit after the first clause that both parties are over 18 years, unless the parties are reauthored by the 24-year-old, jf. Section 41 a.
Section 41 fourth clause should sound :
There is a condition for residence permit after this paractment that both parties are over the age of 18, unless the parties are reauthored by the 24-year-old, jf. Section 41 a. There is further a provision that none of the parties are married. Although one of the parties is married, it can be given residence permit if there have been lasting obstacles to fulfill this arbitrary year.
New Section 41 to sound :
Section 41 a. 24-year requirements for family establishmentThere is a condition for residence permit after Section 40 (spouses) and 41 (covemen) that both parties have turned 24 years, with less
| a) | The marriage was reached or samelife was established before the time of the reference person's entry in Norway, or |
| b) | The parties have entered marriage or lived in an established contemporary living in Norway while both have had a residence permit or Norwegian or Nordic citizenship. |
It can be made exceptions from the arbitrary year if it is obvious that marriage or samelife is voluntary.
Section 51 new third and fourth joints should sound :
The residence permit by the provisions of the chapter here can be denied if family life can be practiced in a safe country that the family gathered to have stronger connectivity, and the reference person has
| a) | residence permit as a refugee, jf. SECTION 28, |
| b) | residence permit after immigration permit as transfer refugee, jf. Section 35 third joints, or |
| c) | collective protection in a mass escape situation, jf. SECTION 34. |
The king can determine further rules in regulation, herunder exceptions from the third clause.
Section 60 new fifth clause should sound :
It is a provision for residence permit that the foreigner should remain in Norway at least six months in a permit period in one year. This still does not apply if the purpose of the permission or other circumstances by the permission dictates it. The king can determine closer rules and exceptions in regulation.
Section 60 current fifth clause is new sixth clause.
Section 62 first clause letter d to f should sound :
| d) | The foreigner has implemented pliable norms training according to the introductory Act and at the closing test in Norwegian master a minimum of Norwegian oral, |
| e) | The foreigner has implemented pliable training in civic knowledge in accordance with the introductory law and has passed the closing test of community knowledge in a language he or she understands, and |
| f) | The foreigner has been self-mourning for the past twelve months. |
Section 62 new other clause should sound :
An application for permanent residence permit can be denied if it has been heavy-weighing, immigration regulatory concerns, herding that the foreigner actively have resisted clarification of their own identity after arriving in the country.
Section 62 current to sixth joints will be third to seventh joints.
Section 62 new sixth clause second period should sound :
The unity outside of the realm is deemed to be coherent even if the foreigner has had one or more stays of a certain duration in the realm, jf. The seventh clause.
Section 62 seventh joints should sound :
The king can give closer rules in regulation, herduring about the abduction of permanent residence permit after the sixth clause. The king can also determine further rules about how long-term an intermediate stay in Norway must be for their stay abroad not to be counted as coherent after sixth clause. The king can determine in regulation that permanent residence permit can be issued in other cases than mentioned in the first clause. The king may in regulation determine further rules about the requirements of restraint a minimum of Norwegian oral and passed test in civic knowledge and about the content of the arbitrary year of self-mourning after the first clause, e, and f, herunder about exceptions from the requirements. The king can also determine further rules in regulation on what counts as heavy-weighing, immigration regulating consideration of other clauses.
Section 66 first clause letter d, e and new letter f shall obey :---
Section 66 other clause letter a and b should sound :
| a) | when the foreigner has not honored the duty of leaving the realm within the travel deadline given in co-hold of Section 90 sixth joints, or |
| b) | when the foreigner is not granted an outtrip deadline |
| - | because there is danger of avoidance, jf. Section 90 sixth clause letter a and Section 106 a, |
| - | because an application has been declined as obviously groundless or as a result of significantly incorrect or evidently misleading information, jf. Section 90 sixth clause letter b, |
| - | because the foreigner has been found to pose a threat to public order, jf. Section 90 sixth clause letter c, or |
| - | because the foreigner has been found to pose a threat to fundamental national interests, jf. Section 129 fifth clause. |
Section 90 should sound :
SECTION 90. Commit of the ordinanceAttatting about the abduction or expulsion of a foreigner who has no residence permit or residence shortly after chapter 13, or a Nordic citizen who has not had a stay in the realm for more than three months, can be committed immediately. Attagirl about the abduction view or expulsion of a foreigner with the residence right after the foreigner law Section 111 can be committed immediately.
Attached for the application for the first time residence permit, and application for renewed residence permit after the expiration of the deadline in Section 61 sixth clause can be committed until it is finally if the foreigner has been given the opportunity to recite the complaint. Such ordinance can be at the earliest committed 48 hours after the message of the ordinance has come forward to the foreigner. If the Outdoor Directorate considers the application to be groundless, the bill may still be committed as soon as the deadline for requesting deferred commit has expired, the Directorate has taken position for the motion.
Attaches to deny reality treatment after Section 32 first clause letter a, c and d and fifth clause can be committed immediately. If it is not obvious that the application should be denied realibility after the stated provisions, the foreigner shall be given a deadline to file for deferred commit, and the ordinance cannot be committed until the deadline expired or the Foreigner Directorate has taken position for the motion. Is the application denied realibility after Section 32 first clause letter b, jf. The fourth clause, and the foreigner has desired deferred commit, the ordinance could not be committed until the Foreigner Board has taken the position of the petition or processed the complaint on the ordinance.
Attaches for refusal of the application for renewed residence permit or permanent residence permit profiled within the expiration of the deadline in Section 61 sixth clause cannot be committed until it is final. Corresponding applies to the call for callbacks after Section 63 and the ordinance of expulsion of a foreigner who has a residence permit, or a Nordic citizen who has had a stay in the realm for more than three months. If it is most likely that the foreigner will commit a criminal act of action against or pursue another person or otherwise seriously violate another person's peace, the ordinance could be committed at a previous time than the following of the first and other periods.
Easter is a foreigner's right to protection, jf. Section 28, or otherwise provides information that suggests that the privacy of the deployment after Section 73 will come to the Applicability, a ordinance can only be committed until it is final if
| a) | The application of stay has been denied realibility in co-hold of Section 32, |
| b) | The applicant previously has been denied application for protection in other countries, or |
| c) | The terms of stay after Section 28 or 73 clearly are not met |
Attaches that imply that a foreigner must leave the realm, committed by the foreigner to be placed to travel within a set deadline. The deadline is to be set to between seven and thirty days. If it is deemed necessary, it can be set for a longer term. It can be placed a shorter deadline than seven days or unleft to provide an outset deadline when
| a) | there is danger of avoidance, jf. Section 106 a, |
| b) | an application has been declined as obviously groundless or as a result of significantly incorrect or evidently misleading information, |
| c) | The foreigner has been found to pose a threat to public order, |
| d) | The foreigner is retaken by Section 32, |
| e) | The foreigner is being delisted or issued at the Schengen outer border, or |
| f) | The foreigner is issued after Section 66 first clause letter b, c, e or other clause or Section 67 or 68. |
If such a raise as mentioned in the fifth clause is not followed, the grant deadline has not been granted, or there are concrete stops to assume that the foreigner will not leave the realm within the expiration of the deadline, police may bring the foreigner out. When very honest reasons speak for it, the foreigner can be taken to a different country than what the person came from. Foreigners who do not have valid travel document have the duty to acquire this. Decisions that apply to commit do not count as single-pass, jf. The Management Act Section 2 first clause letter b.
Force deployment of a single minor shall only happen to a family member, appointed guardian or to another defensible caregivating offer. The king can give closer rules in regulation.
The king can give closer rules in regulation on determining the deadline and whether the introduction of a system for the control of forced returns.
When the Outdoor Board has struck an ordinance that involves the foreigner must leave the realm, it can instruct the police to suspend the commit. The Outdoor Directorate can instruct the police to suspend the commit if such an ordinance has been hit by the Directorate. The Outdoor Board can instruct the police to suspend the commit of a ordinance hit by the Board of Directors on the Board of the Board of the Board, when the ordinance involves the foreigner must leave the realm. The Ministry can instruct the Utrending Directorate and the Foreigner Board of Directors to suspend the commit of a specific type of ordinance that involves the foreigner must leave the realm, pending changes in law or regulation.
If a foreigner invoke circumstances as mentioned in Section 28 at the time of the commit of an ordinance that involves the foreigner must leave the realm, and it is not stated that it has already been taken to the conditions of the conditions that invoke, The police lecture the question of deferred commit for the authority that has hit the ordinance.
Section 92 else laughed fourth period repeaty.
Section 92 sixth clause second period repit.
Section 92 new seventh clause should sound :---
New Section 94 to sound :---
Section 100 should sound :
SECTION 100. Biometric personal information in the form of facial photo and fingerprintFor identification and verification of identity, it can be recorded and processed biometric personal information in the form of facial photography and fingerprints of a foreigner who
| a) | cannot document its identity, or as it is reason to suspect in order to specify incorrect identity, |
| b) | seeks for residence permit by law, |
| c) | seeks for Schmeadow visa, jf. Section 10, visa for humanitarian reasons, jf. Section 11, or national visa, jf. SECTION 12, |
| d) | seeking border housing evidence after agreement between Norway and Russia, |
| e) | has been granted or has been denied application for residence permit by law, or |
| f) | has been expelled or expelled, or who are believed to be illegally in the realm. |
With treatment, any use of the information, such as registration in an electronic register, storage, search, refining, deletion, or combination of different uses. Police may use the registry in connection with the investigation of one or more actions that gathered could result in higher punishment than prison for 6 months.
For the treatment of fingerprints according to Dublin cooperation, jf. Section 32 fourth clause, applies to the rules of Section 101.
The police commissioner or the police commissioner gives the warrant, could determine that fingerprints and facial photographs should be taken with coercion. The foreigner may demand the question of the litigation of such a psychiatric grip brought in for the court. The police make sure that the foreigner is being made known to this court.
The king can in regulation give closer rules about who it is to be named biometric personal information from and the processing of the information.
Section 100 to sound :
Section 100 a. The acquisition and storage of biometric personnel information in standardised upholding cardsFor the issuance of standardized upholding cards, jf. Section 64 a, it shall be obtained and stored biometric personal information in the form of facial photography and fingerprints in the upholding board of all foreigners over 6 years, unless such biometric personal information is already occupied and stored, jf. SECTION 100. The foreigner has the obligation to co-interact with such biometrical personal information. The information is stored electronically or otherwise in the residence card so that the envision of the information's authenticity, integrity and confidentiality is being looked after.
The king can give closer rules in regulation that it can be obtained and stored biometric personal information in the form of facial photography and fingerprints also in cards documenting other types of permissions or rights than residence permit, for example Border housing evidence has been issued to residents of the Russian border area.
Decision that it is to be obtained and filed biometric information as mentioned in the first and second clause, meet by the Outdoor Directorate, the Outdoor Board, the State Department, the State Department, the police or Foreign Affairs Station.
The upholding card has been issued to, has the right to visibility in personal information that has been introduced in the upholding board, herunder the biometric information, and may require incorrect information directed or deleted. Corresponding applies to the one that has been issued short with registered biometric personnel information by other clauses.
The king can in regulation give closer rules, herduring about the timing of when fingerprints and facial photography are to be recorded and rules about the deletion of biometric personnel information.
Section 105 first clause letter e to sound :---
Section 106 first clause letter g shall obey :---
Section 106 a first clause letter k should sound :---
In Section 108 other clause letter a replaced "Section 90 fifth clause" of the "Section 90 sixth clause".
In law 4. July 2003 # 80 about the introduction of introduction and norms training for newly arrived immigrants are made the following changes :
Section 17 first joints shall obey :
Right and duty of participation in free training in Norwegian and community knowledge in to together 600 hours applies to foreigner between 16 and 67 years of
| a) | residence permit after the foreigner laws that form the basis for permanent residence permit, or |
| b) | collective protection in the mass escape situation after the foreigner law Section 34. |
Section 17 other clauses are repealess. The current third clause is being laughed and should sound :
Right to participation after the first clause does not apply to foreigner with residence permit after the foreigner Law Section 23 and 25 and their family members with the permission of the foreigner law chapter 6. Foreigner between 16 and 67 years of permission as mentioned in the first period that forms the basis for permanent residence permit, has duty to participation in training in Norwegian and community knowledge in to together 300 hours, jf. Section 18 first clause second period.
Current fourth and fifth joints will be third and fourth joints.
Section 18 first and other clause should sound :
The municipality shall be as soon as possible and within three months after the population registration in the municipality or that the requirement of participation is being made, ensuring the offer of training in Norwegian and civic knowledge in accordance with Section 17 for people who are settled in the municipality or live temporarily at asylum reception in the municipality. The municipality may demand that people who be retaken by Section 17 other clauses, pay for the training.
The municipality shall be as soon as possible and within three months after application for participation will be provided, providing offers for further free training in Norwegian to people who be retaken by Section 17 first joints within the frame of 2,400 hours, if the person has need for it. The municipality may require that the person to do tests to determine if there is a need for such training. The Communist's duty after this clause applies for five years from the time of the right and duty of participation in training in Norwegian and community knowledge incomes, jf. Section 17 fourth joints.
In law 10. June 2005 No. 51 about Norwegian citizenship (the citizenship law) is made the following changes :
Section 16 should sound :
For applicants who are stateless do not apply to the terms of Section 7 first clause letter b, e and h. Stateless seeking as on the application of the application has turned 18, still has to be detained in the realm for the past three years with the residence permits of at least one year duration. Life-time or more applications experiment co-counts in the three-year period.
Searchers like by their own action or avoidance have chosen to be stateless, or as in a simple way can become a citizen of a different country, is not retaken by the paragrafen here.
| 1. | The law applies from the time the King decides. 1 The king can put in effect the individual regulations at different times. |
| 2. | The king can determine transition rules. |
| 1 | The changes in law 15. May 2008 No. 35 About foreigner's access to the realm and their stay here Section 9, Section 34, Section 66 first clause, Section 105, Section 106a and new Section 94a will take effect 1 sep 2016, the change in Section 28 takes effect 1 oct 2016, ifg. res. 26 aug 2016 # 1005. |
