Law On Amendments To The Immigration Act, Etc.. (Tightening Ii)

Original Language Title: Lov om endringer i utlendingsloven mv. (innstramninger II)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2016-06-17-58

Law on amendments to the Immigration Act, etc.. (Tightening II)


Date LOV-2016-06-17-58


Affairs Ministry of Justice

Edited



Published in 2016 Booklet 8


Effective 1/9/2016, 10/1/2016, King decides

Changes

LOV-2003-07-04-80, LOV-2005-06-10-51, LOV-2008-05-15-35

Promulgated
17/06/2016

Short Title
changes to the Immigration Act, etc..

Chapter Overview:

I
II
III
IV

I

In Act 15 May 2008 no. 35 on the admission of foreigners to the kingdom and their presence is amended as follows:
§ 9 first paragraph should read: - - -
§ 9 new sixth and seventh paragraph should read : - - -
§ 28 fifth paragraph should read:
right to recognition as a refugee under subsection does not apply if the foreigner can get effective protection in other parts of the homeland than the area the applicant has fled.
§ 32 new fifth paragraph should read: - - -
§ 32 new sixth paragraph should read: - - -
§ 34, second paragraph should read: - - -
§ 40, second paragraph should read :
It is a condition for a residence permit under subsection that both parties are at least 18 years, unless the parties covered by the 24-year requirement, cf. § 41a.
§ 41 fourth paragraph should read:
it is a condition for a residence permit under this section that both parties are at least 18 years, unless the parties covered by the 24-year requirement, cf. § 41a. it is a further condition that neither party is married. Even if a party is married, may be granted a residence permit if there has been tangible obstacles to fulfill this condition.
New § 41a shall be added:
§ 41a. 24-year requirement for establishing a family

It is a condition for a residence permit in accordance with §§ 40 (spouses) and 41 (cohabiting) that both parties have completed 24 years, unless

A)
marriage was entered into or cohabitation was established prior to the date of the sponsor's entry into Norway, or

B)
parties have entered into marriage or lived in an established cohabitation in Norway while both held a residence permit or Norwegian or Nordic citizenship.

Exceptions may be made from the requirement if it is clear that marriage or cohabitation is voluntary.
§ 51 new third and fourth paragraphs shall be added:
residence permit under the provisions of this chapter may be refused if family life can be exercised in a safe country that family together have stronger links with, and the sponsor has

A)
residence permit as a refugee, cf. § 28,

B)
residence permit after entry permit as a resettlement refugee, cf.. § 35 subsection or

C)
collective protection in a situation of mass outflow, ref. § 34.

The King may issue further provisions in regulations, including exemption from subsection.
§ 60 new fifth paragraph should read:
It is a condition for a residence permit that the alien shall remain in Norway for at least six months in a licensing period of one year. This does not apply if the purpose of the permit or other aspects of the permit indicate. The King may issue further regulations and exceptions in regulations.
§ 60 current fifth paragraph becomes new sixth paragraph.
§ 62 subsection d to f shall read:

D)
foreigner has implemented mandatory tuition pursuant to the Introduction Act and the final examination in Norwegian master a minimum of spoken Norwegian,

E)
foreigner has completed mandatory training in social studies pursuant to the Introduction Act and has passed the final examination in social studies in a language he or she understands, and

F)
foreign national has been self-supporting for the last twelve months.

§ 62 new second paragraph should read:
An application for a permanent residence permit may be refused if there are weighty, immigration regulation, including that the alien has actively opposed clarification of identity after arrival in the country.
§ 62 current subsections becomes the third to seventh paragraphs.
§ 62 new sixth paragraph, second sentence should read:
stay outside the realm considered to be continuous even if the foreigner has had one or several stays of a certain duration in the realm,., Seventh paragraph.
§ 62 subsection shall read:

The King may issue rules in regulations, including the withdrawal of a permanent residence permit after the sixth paragraph. The King may also lay down more detailed rules on how prolonged an intermediate stay in Norway must be sure abroad should not be considered contiguous for sixth paragraph. The King may prescribe by regulation that a permanent residence permit may be granted in cases other than those mentioned in the first paragraph. The King may issue further regulations concerning the requirements to master a minimum of Norwegian orally and passed a test in social studies and the nature of the condition of self-sufficiency by subsection d, e and f, including exemptions from the requirements. The King may also lay down detailed rules in regulations about what is considered weighty, immigration regulation under subsection.
§ 66 subsection d, e and f new letter should read: - - -
§ 66 second paragraph a and b, shall read:

A)
if the alien has not complied with the obligation to leave the country within the specified deadline issued pursuant to § 90 sixth paragraph, or

B)
if the alien is given a deadline for leaving

-
Because there is risk of evasion, ref. § 90 sixth paragraph a and § 106 a,

-
Because an application is rejected as manifestly unfounded or as a result of substantially incorrect or clearly misleading information, cf. § 90 sixth paragraph b

-
Because the foreigner is found to pose a threat to public order, ref. § 90 sixth paragraph, c, or

-
Because the foreigner is found to pose a threat to fundamental national interests, cf. § 129 fifth paragraph.

§ 90 shall read:
§ 90. Implementation of

Decision to reject or expel a foreign national who does not have a residence permit or right of residence under section 13, or a Nordic citizen who has not been resident in the realm for more than three months, can be implemented immediately. Any decision to reject or expel a foreign national with right of residence under the Immigration Act § 111 can be implemented immediately.
Decision to refuse the application for a first-time residence permit and application for renewal of residence permits submitted after the expiry of the deadline in § 61 sixth paragraph, may be implemented until a final if the foreigner has been given the opportunity to submit an appeal. Such decisions can be implemented no earlier than 48 hours after notification of the decision is received by the foreigner. If Immigration considers the application manifestly unfounded, the decision may still be implemented as soon as the deadline for applying for deferred implementation has expired, and the agency has taken a position on the petition.
Decision to deny admissibility under § 32 first paragraph a, c and d and fifth paragraphs, may be implemented immediately. If it is not obvious that the application should be denied merits by the specified provisions, the foreign national shall be given a deadline to request deferred implementation, and the decision can not be implemented until the deadline has expired or the Directorate of Immigration has taken a position on the petition. If the application is refused merits pursuant to § 32 subsection b, ref. Subsection, and the foreigner has filed delayed implementation, the decision may not be implemented before the Immigration Board has considered the petition or complaint handled the decision.
Decision to refuse the application for renewal of a residence permit or permanent residence permit submitted within the period provided in § 61 sixth paragraph, can not be implemented until it is final. The same applies to withdrawals pursuant to § 63 and expulsion of an alien who has a residence permit, or a Nordic citizen who had residence in the country for more than three months. Where it is most probable that the alien will commit an offense against or pursue another person, or otherwise seriously infringe another person's peace, the decision may be taken at an earlier time than is required by first and second sentences.
Invoke a foreigner the right to protection, cf. § 28, or otherwise provides information indicating that protection against refoulement under § 73 will apply, a decision only implemented until it is final if

A)
application for stay is denied merits pursuant to § 32,

B)
applicant has previously been refused an application for protection in another country, or

C)
conditions for residence in accordance with §§ 28 or 73 is obviously not fulfilled

Decision means that a foreigner must leave the country, implemented by ordering the foreign travel within a specified period. The deadline should be set to between seven and thirty days. If it is deemed necessary, it may set a later deadline. It may set a tighter deadline than seven days or omitted to give a deadline for leaving when

A)
risk of evasion, ref. § 106 a,

B)

An application is rejected as manifestly unfounded or as a result of substantially incorrect or clearly misleading information,

C)
foreigner is found to pose a threat to public order,

D)
foreigner referred to in § 32,

E)
foreigner rejected or expelled by Schengenyttergrensen or

F)
foreigner expelled under § 66 subsection b, c, e or subsection or §§ 67 or 68.

If such an order as mentioned in the fifth paragraph are not followed, departure deadline is not given, or there is concrete evidence to assume that the alien will leave the country within the time limit expires, the police put the alien out. When special reasons for doing so, the foreign national may be taken to a country other than that they've come from. Foreigners who do not have valid travel documents, are obliged to acquire this. Decisions concerning the implementation are not considered decisions,. Administration § 2 subsection b.
Forced submission of an unaccompanied minor will only happen to a family member, guardian or another proper care offerings. The King may issue rules in regulations.
The King may issue further provisions in regulations concerning the determination of departure deadline and on the introduction of a system for monitoring forced returns.
When Immigration has taken a decision which means that the foreign national must leave the realm, it can instruct the police to postpone implementation. Immigration can instruct the police to postpone implementation if such a decision is taken by the Agency. Immigration can instruct the police to postpone the implementation of a decision by the Agency on the Tribunal's subject matter, when the decision means that the foreign national must leave the realm. Ministry may instruct Immigration and Appeal Board to postpone the implementation of a specific type of decision which means that the alien must leave the country, pending changes in law or regulations.
If a foreigner invokes circumstances specified in § 28 at the time of implementation of a decision which means that the foreign national must leave the realm, and it is not stated that it is already taken a stand on the matters asserted, police refer the question about delayed implementation of the authority that made the decision.
§ 92, second paragraph, fourth sentence repealed.
§ 92 sixth paragraph, second sentence repealed.
§ 92 new seventh paragraph should read: - - -
New § 94 a shall be inserted: - - -
§ 100 shall read:
§ 100. Biometric person information in the form of facial image and fingerprint | ||
For identification and verification of identity may be entered and processed biometric personal information in the form of facial image and fingerprints of an alien who

A)
not document their identity or that there is reason to suspect to falsify identity

B)
applying for a residence permit under the law,

C)
applying for Schengen visas, ref. § 10, visa on humanitarian grounds, cf. § 11, or national visa, cf. § 12,

D)
apply for local border traffic permits by agreement between Norway and Russia,

E)
has been granted or have had their application for a residence permit under the Act, or

F)
is rejected or expelled, or who are believed to reside illegally in the kingdom.

Treatment means any use of the information, such as registration in an electronic registry, storing, searching, retrieving, deleting, or a combination of different uses. Police can use the register in connection with the investigation of one or more actions that collectively can lead to higher punishment than imprisonment for 6 months.
For treatment of fingerprints under the Dublin cooperation, ref. § 32 fourth paragraph, the provisions of § 101.
The chief of police or the chief of police authority, can determine that fingerprints and facial image to be taken by force. The foreigner may require the question of the legality of such a coercive intervention brought before the court. Police ensures that the alien is made aware of this right.
The King may issue further regulations about who is to be admitted biometric personal information from the data processing.
§ 100 a shall read:
§ 100 a. Collection and storage of biometric personal data in standardized residence card

For the issue of standardized residence card, ref. § 64 a, shall be collected and stored biometric personal information in the form of facial image and fingerprints in the residence card of all foreigners over 6 years, unless the biometric personal information is already occupied and saved ref. § 100. the foreigner has a duty to contribute to the recording of such biometric personal information. The information is stored electronically or otherwise in the residence card so that consideration of the information authenticity, integrity and confidentiality are safeguarded.

The King may issue rules in regulations that there can be collected and stored biometric personal information in the form of facial image and fingerprint also in short documenting other types of permits or rights than a residence permit, such as border traffic permits issued to residents of the Russian border area.
Decision that it should be collected and stored biometric personal information referred to in subsections, taken by the Directorate of Immigration, Immigration, Foreign Affairs, the police or the embassy.
Whoever stays the card is issued, the right of access to personal information that is introduced in the residence card, including the biometric information and may require incorrect information corrected or deleted. The same applies to those who have been issued cards with registered biometric personal information pursuant to subsection.
The King may issue further rules, including the date when the fingerprints and facial image must be absorbed and rules regarding deletion of biometric personal data.
§ 105 subsection E, shall read: - - -
§ 106 subsection g should read: - - -
§ 106 a subsection k should read: - - -
In § 108 second paragraph a replaced "§ 90 subsection" of "§ 90 sixth paragraph."

II

In Act 4 July 2003 no. 80 of introduction and Norwegian education for immigrants is amended as follows:
§ 17 first paragraph should read:
right and obligation to participate in free Norwegian language training and social studies to together 600 hours applies to foreign nationals between 16 and 67 who have received

A)
residence permit under the Immigration Act which forms the basis for a permanent residence permit, or

B)
collective protection in mass exodus under the Immigration Act § 34.

§ 17 subsection repealed. Current third paragraph becomes the second paragraph and shall read:
Right to participate under subsection does not apply to foreign nationals with a residence permit under the Immigration Act §§ 23 and 25 and their family members with permission under the Immigration Act Chapter 6. Immigration between 16 and 67 with permission as mentioned in the first sentence which forms the basis for a permanent residence permit, the obligation to participate in Norwegian language training and social studies in a total of 300 hours, cf. § 18 first paragraph second sentence.
Current fourth and fifth paragraphs become the third and fourth paragraphs.
§ 18 subsections to read:
municipality shall as soon as possible and within three months of national registration in the municipality or the requirements for participation were put forward, ensuring offered training in Norwegian and social studies pursuant to § 17 for persons who are resident in the municipality or staying temporarily in reception centers in the municipality. The municipality may require that persons covered by § 17, second paragraph, paying for education.
Municipality shall as soon as possible and within three months after the application for participation is submitted, ensuring offered further training in Norwegian to persons covered by § 17 first paragraph within the framework of 2400 hours, if he or she needs the. The municipality may require that the person conducting tests to determine the need for such training. The municipality's obligation under this clause applies for five years from the time the right and obligation to participate in Norwegian language training and civics occurs, cf. § 17 fourth paragraph.

III

In Act 10 June 2005 no. 51 for Norwegian nationality (Nationality Act) is amended as follows:
§ 16 shall read:
For applicants who are stateless, the conditions of § 7 subsection b, e and h. stateless applicant who at the time of application have turned 18, must have resided in the realm for the last three years with residence permits of at least one year. Retention or several application periods included in the three-year period.
Applicants who own act or omission has chosen to be stateless, or as an easy way to become a citizen of another country, are not covered by this section.

IV

1.
Act applies when the King bestemmer.1 King may bring into force individual provisions at different times.

2.
King may establish transitional rules.