Act On Norwegian Nationality (Nationality Act)

Original Language Title: Lov om norsk statsborgerskap (statsborgerloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2005-06-10-51

Act on Norwegian nationality (Nationality Act).


Date LOV-2005-06-10-51


Affairs Ministry of Justice

Edited

LOV-2015-06-19-65 from 10/01/2015


Published in 2005 Booklet 7


Commencement 01.09.2006

Changes
LOV-1950-12-08-3

Promulgated
10.06.2005

Short Title
Nationality Act

Chapter Overview:

Chapter 1. Introductory provisions (§§ 1-3)
Chapter 2. Acquisition of citizenship by birth and adoption (§§ 4-6)
Chapter 3. Acquisition of citizenship by application (§§ 7 - 19)
Chapter 4. Acquisition of nationality by notification in accordance with the Nordic agreement (§§ 20-22)
Chapter 5. Loss of nationality (§§ 23-26)
Chapter 6. Procedural mm (§§ 27-31)
Chapter 7. Fees and penalties (§§ 32-33)
Chapter 8. Final provisions (§§ 34-37)

Ref. former lover April 21, 1888 (with additional laws July 27, 1896 no. 4, 29 March 1900 No.. 1 and June 11, 1906 no. 2, Section III), August 8, 1924 No.. 3 (with additional 25 June 1936 no. 2), 8 Dec 1950 no. 3.

Chapter 1. Introductory provisions

§ 1. The substantive and geographical scope of the Act regulates the acquisition and loss of Norwegian citizenship.
Act also applies to Svalbard and Jan Mayen.

§ 2. The exercise of authority under the Act The Act implemented by the King, the Ministry of Immigration, Immigration, police and Norwegian embassies.
King may by regulations make provisions to supplement the law.

§ 3. Relationship to international law This Act applies with the limitations imposed by agreements with other states and international law in general.

Chapter 2. Acquisition of citizenship by birth and adoption

§ 4. Acquisition by birth Children become a Norwegian citizen by birth if the father or mother is a Norwegian citizen. If the father dies before the child is born, it is sufficient that the father was a Norwegian citizen when he died.
A foundling found in the kingdom is a Norwegian citizen until otherwise established.

§ 5. Acquisition by adoption Children who are adopted by a Norwegian citizen become a Norwegian citizen by adoption if the child is below 18 years of the time of adoption. The adoption order must be issued by Norwegian authorities under the Adoption Act, or from a foreign country that will apply in Norway under the provisions of the Adoption Act Chapter 4.

§ 5 a. (Added by Act of March 8, 2013 no. 9, cease. 31 Dec 2015).

§ 6. The importance of the foundation of citizenship changes By decision or recognition that the relationship that formed the basis for naturalization pursuant to §§ 4 or 5 exists, the child is deemed never to have been Norwegian. This does not apply if the child thus becomes stateless, or decision or realization takes place after the user is over 18 years.
In special cases, it may, upon application, decisions that a decision or admission as mentioned in the first paragraph shall have no significance. The applicant shall be deemed to have been Norwegian from the time originally anticipated acquisition of Norwegian nationality. The decision shall be placed on the length of time elapsed from the presumed acquisition to the correct ratio was determined, and whether the applicant and his parents were in good faith.

Chapter 3. Acquisition of citizenship by application

§ 7. General rule on acquisitions after application Everyone has the right, upon application to the Norwegian citizenship if the applicant at the time the decision

A)
have clarified their identity, cf. Subsection,

B)
filled twelve years

C)
is and will remain resident in the realm,

D)
meet the conditions for permanent residence in the Immigration Act § 62,

E)
has a total of seven years in the realm during the last ten years, with residence permits of at least one year, stay in one or more application periods included in the seven-year period, cf., Sixth paragraph,

F)
fills the requirement for tuition specified in § 8,

G)
not sentenced or criminal sanction or the waiting period, cf. § 9, and

H)
satisfies the requirement regarding release from another nationality provided for in § 10

Applicant is not entitled to Norwegian citizenship under subsection if considerations of basic national interests or foreign policy considerations weigh against.
Stays with permissions that would have been given at least one year, but which was provided with a shorter duration, cf. The Immigration Act § 60 first paragraph, third sentence, shall be included in the calculation of residence, cf. Nationality Act § 7 subsection e , §§ 11, 12, 15, 16, 17 and 18. The same applies to residence permits under the Immigration Act § 60 first paragraph, fourth sentence, which forms the basis for a permanent residence permit.

Exhaustive police to accompany an application for citizenship. The certificate shall also indicate conditions that the applicant is charged or indicted.
The King may issue supplementary provisions concerning the requirement of clear identity and conduct.
The King may issue regulations concerning the calculation of residence under the provisions of this chapter.

§ 8. The requirement for completed tuition for applicants between 18 and 55 there is a requirement to have completed 300 hours of approved tuition or document adequate knowledge of Norwegian or Sami. For applicants between 18 and 55 who are covered by the obligation to participate in Norwegian and social studies pursuant to, it is a requirement that they must have fulfilled their duty under the law. Application timing is crucial for the 18-year limit under the first and second sentences are true.
The King may issue further provisions on the requirement of completion tuition, including exemptions, and whether the requirement for adequate knowledge of Norwegian or Sami.

§ 9. The importance of criminal offenses Whoever is sentenced or criminal sanction is not entitled to Norwegian citizenship before the expiry of a certain time (waiting period) specified in regulations issued by the King. Karen period shall depend on the sanction imposed.
Waiting period is counted from the day final judgment is rendered. By fined considered waiting period from the date of approval.
The imposed punishment or criminal sanction, is not entitled to Norwegian citizenship before this is completed and all probation is endured.

§ 10. The requirement for release from another nationality if the applicant does not automatically lose another nationality as a result of being granted Norwegian citizenship, the applicant must be released from any other nationality before the application is granted. If the applicant can not be resolved from any other nationality before the application is granted, the applicant must within one year of being granted Norwegian citizenship demonstrate that it is released from any other nationality. If the applicant can not be released from any other nationality before a certain age is reached, the applicant must within one year after reaching this age demonstrate that it is released from any other nationality. Exceptions may be made to the requirement for release if release is considered legally or practically impossible or for other reasons are considered unreasonable.
If release from another nationality documented within the period provided under subsection shall be confirmed in writing that the Norwegian citizenship is intact. If release from another nationality is not documented before the time limit expires, the provisions regarding revocation of § 26 first paragraph applies.

§ 11. Persons arrived kingdom before the age of 18. Applicants who arrived kingdom before the age of 18, do not apply the requirement in § 7 subsection e. The applicant must have a combined total of five years residence in the country over the last seven years, with residence permits of at least one year. Staying in one or more application periods included in the five year period.

§ 12. Persons who are married, registered partner or cohabitant of a Norwegian citizen to applicants who are married to a Norwegian citizen and have a common residence with your spouse, do not apply the requirement in § 7 subsection e. The applicant must together have at least three years in the realm during the last ten years with residence permits of at least one year. Staying in one or more application periods included in the three-year period. The residence time in the kingdom and the time married to a Norwegian citizen with a shared residence must moreover together constitute at least seven years. Residence time and time married Norwegian national may be concurrent.
The first paragraph applies correspondingly to registered partners and cohabitants.

§ 13. Nordic citizens For applicants who are nationals of another Nordic country, the conditions of § 7 subsection d and e. The applicant must have resided in the realm for the last two years.

§ 14. Applicants covered by the EEA Agreement or the EFTA Convention of applicants who have right under the Immigration Act Chapter 13 on special rules for foreign nationals covered by the Agreement on the European Economic Area (EEA) and the Convention establishing the European Free Trade Association (EFTA Convention), do not apply the requirement in § 7 subsection d. the applicant must have resided in the realm for the last three years with right of residence under the Immigration Act §§ 112 to 116.

§ 15. Former Norwegian citizens For applicants who have previously been a Norwegian citizen, does not apply the terms of § 7 subsection d and e. The applicant must have resided in the realm for the last two years with residence permits of at least one year . Residence in one or more application periods included in the biennium.

For children under twelve years who have previously been a Norwegian citizen and who is the child of a Norwegian citizen, does not apply the terms of § 7 subsection b, d and e. Children who are over two years at the time of application, must have resided in the kingdom in the past two years with residence permits of at least one year. Residence in one or more application periods included in the biennium.

§ 16. Stateless Applicants who are stateless, the conditions of § 7 subsection b, e and h. As stateless are not considered who by his own act or omission has chosen to be stateless, or in simple terms can become a citizen of another country. 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. Residence in one or more application periods included in the three-year period.

§ 17. Children's acquisition of nationality as secondary children 18 years of the person who acquires or has acquired Norwegian citizenship under the provisions of this chapter, upon application to the Norwegian citizenship if they meet the conditions in § 7, first paragraph a c, g and h, and the absence of the circumstances mentioned in § 7 second paragraph. The same applies to children of parents who have acquired Norwegian nationality pursuant to §§ 20 or 21. The applicant's age at the time of application is crucial to whether the applicant may acquire Norwegian citizenship under this section.
Children who are over two years at the time of application, must have resided in the realm for the last two years with residence permits of at least one year. Staying in one or more application periods included in the biennium. The requirement for a residence permit does not apply to children who are nationals of another Nordic country.
Children who are married or registered partners are not covered by this section.

§ 18. Special groups of applicants King in Council may issue regulations on exceptions to the acquisition terms in this chapter for special groups of applicants.

§ 19. Dispensation If there are particularly strong reasons, it may in individual cases in favor of the applicant be waived conditions for acquisition of citizenship provided for in this chapter.

Chapter 4. Acquisition of nationality by notification in accordance with the Nordic agreement

§ 20. Acquisition by notification Danish, Finnish, Icelandic and Swedish citizens by notification to become a Norwegian citizen if the applicant, aged 18, has been living in the kingdom over the past seven years and in that time have not been convicted of custodial sentence or sanction as a result of criminal offense. Notifier must prove that the person most recently by the acquisition has been released from any other nationality.
Police showing whether the notifier has been imposed a custodial sentence or criminal sanction during the past seven years, should receive notification of citizenship. The King may issue regulations relating to police.

§ 21. Re-Acquisition by notification Whoever has lost the Norwegian citizenship and then only been a citizen of another Nordic country, by notification to the Norwegian nationality provided the notifier has settled in the kingdom and that the person concerned at the latest by acquisition has been released from any other nationality.

§ 22. Acquisition Children under 18 years of the person who acquires citizenship under the provisions of §§ 20 or 21 is automatically Norwegian citizenship by parental acquisition, if the child is resident in Norway and most recently by the acquisition has been released from any other nationality.
Children who are married or registered partners not covered by the first paragraph.
§ 6 applies correspondingly.

Chapter 5. Loss of citizenship

§ 23. Loss on acquisition of another nationality who acquires another nationality by application or express consent lose their Norwegian citizenship.
Children under 18 who automatically acquire another nationality because one parent who has parental responsibility acquire another nationality lose their Norwegian citizenship. Loss shall not occur if the other parent is a Norwegian citizen, or if the child is married or registered partners.

§ 24. Losses on the absence from the realm Whoever acquired Norwegian citizenship at birth but who have not been living in a total of two years in Norway or a total of seven years in Norway and other Nordic countries lose their Norwegian citizenship when they fills 22 years.
It would otherwise lose their Norwegian citizenship under subsection can apply for the right to retain the event that the applicant has sufficient ties to Norway. Application for must be lodged before they reach the age of 22 years.

An application may be dealt with even if it is made too late, if the applicant is essentially to blame for this, or it would be unreasonable that citizenship is lost because of the omission.
Loses his or her Norwegian nationality pursuant to this section, also lose their children citizenship. It does not apply if one of the parents is still Norwegian, or the child meets the conditions of the first paragraph to retain citizenship.
Loss of citizenship under this section shall not occur if he thus becomes stateless.
The King may issue further regulations on the conditions for retaining Norwegian nationality pursuant to this section.

§ 25. Losses on application Norwegian citizen who lives abroad and has another nationality, upon application to be relieved of his Norwegian citizenship. If the applicant is resident in Norway and has another citizenship, they can only be released from the Norwegian citizenship if it would be unreasonable to deny this.
Regardless of domicile, the applicant may not be released from their Norwegian citizenship if this leads to a situation of statelessness. The person may still be released from Norwegian citizenship if the applicant resides abroad, and it is necessary for the acquisition of another nationality. It will then set a date for when another nationality must be acquired. If another nationality is not acquired by the deadline, considered the person who not released from her Norwegian citizenship.

§ 26. Revocation Norwegian nationality shall be withdrawn if the requirement of release from another nationality is not met. This does not apply if the exemptions from the requirement under § 10 first paragraph, fourth sentence. If release from another nationality documented after the expiry of the deadline in § 10 first paragraph, revocation may be waived unless special reasons to the contrary. If no decision on revocation shall be confirmed in writing that the Norwegian citizenship is intact.
A decision on citizenship may be revoked where reversal is possible under Administration Act § 35 or general principles of administrative law. Revocation of citizenship is based on incorrect or incomplete information, may only be made if the applicant has deliberately given the incorrect information or has suppressed circumstances of significance for the decision.

Chapter 6. Procedural mm

§ 27. Procedure etc.. An application for Norwegian citizenship lodged with the police or the Norwegian embassy prepare the case. Immigration decides on the application. Notification of Norwegian citizenship lodged with the police prepare the case. Immigration decides whether the message should be accepted or not.
Decision on revocation of citizenship taken by the Directorate of Immigration.
Decisions as mentioned in subsections can be appealed to the Immigration Appeals Board. The King in Council appeals body in cases where the Department has used its command authority under § 28, second paragraph. The Immigration Act §§ 77, 78 and 79, first paragraph apply correspondingly when considering matters under the Act.
Ministry may decide that the decisions made by the Directorate of Immigration in favor of the case is about to be tested by the Immigration. The decision shall be taken no later than four months after the decision was made, be in writing and justified. Public Administration Chapters IV to VI on case preparation, decisions and appeals do not apply to such a decision.
Coming Immigration Appeals in a case under the fourth paragraph to the Directorate of Immigration is invalid, it shall annul the decision and return the case to the Directorate for partial retrial. § 26, second paragraph, second sentence shall apply accordingly. Valid resolutions can not be repealed or amended, but the Tribunal may issue an opinion on the merits fundamental aspects. Immigration Appeals decision is final.
When Immigration Appeals have been made pursuant to this Act in favor of the person concerned, the ministry to court to have tested the validity of the decision. Suit must be filed within four months after the decision was made. Lawsuits brought against the decision is made in favor of. Mediation in conciliation are not made.
In a case mentioned in the fourth paragraph, the matter concerns the right to free legal advice without means testing. In cases as mentioned in the sixth paragraph is entitled to free saksførsel without means testing.
King may issue rules about which cases should be handled in Grand Board and the authority to determine whether a case is brought before the treatment in the Grand Board shall be presumed to treatment. The King may issue further regulations about preparatory work and the Immigration Appeals expertise in matters under the fourth paragraph. King may also make provisions on the board closer consideration of matters under this Act.


§ 28. Instruction Authority Ministry may not instruct the decision of individual cases. Nor can the Ministry instruct Immigration about legal interpretation or exercise of discretion. Ministry may instruct the prioritization of cases.
To safeguard the fundamental national interests or foreign policy considerations can Ministry instruct independent of the limitations of the first paragraph.

§ 29. provide information, documentation and compulsory attendance in connection with the notification or application for Norwegian citizenship, the matter is duty bound to provide all information that may influence the decision.
In connection with consideration of a case under this Act, the matter concerns required to provide information that may be relevant to the decision, provide necessary documentation and to meet personally.
If the body dealing with a case under this Act, considers it necessary for clarification of the case, the notified body may, notwithstanding the confidentiality, impose these bodies to disclose information in accordance with regulations under subsection:

A)
police

B)
tax authorities,

C)
NAV,

D)
State Educational and

E)
municipalities.

The King shall issue regulations which agencies may order the disclosure of information under subsection in which types of cases it can obtain information, to whom it may obtain information about and what information may be obtained.

§ 30. Access to the examination of an application in abeyance processing of an application may be suspended if there is a question about a decision by the Immigration Act and the decision will affect your application for citizenship.
The treatment can also be suspended if the applicant is under investigation for a criminal offense that may have implications for the application, see. § 9.

§ 31. Applications for the acquisition or loss of citizenship for children Applications for the acquisition or loss of nationality for children may only be lodged by parents jointly or by the person who has sole parental responsibility. If one parent is staying at an undisclosed location, the application still promoted by the other. Are parents deprived of parental responsibility or the parents are dead, acting guardian of the child.
For children who have reached twelve years required consent to the application. No consent is required if the child due to illness or disability are permanently incapable of giving consent.
Children who have not reached twelve years to be given the opportunity to express their opinion. Child must be given due weight in accordance with age and maturity.
Provisions of this section apply correspondingly to acquire Norwegian citizenship under § 21.

Chapter 7. Fees and penalties

§ 32 fee may be charged for processing applications and notifications of nationality. The King may issue regulations on the fee, collection and exemption from paying the fee.

§ 33. Penalties Deliberate or gross negligence gives substantially incorrect or clearly misleading information in a case under this Act shall be punished by fines or imprisonment up to six months or both.

Chapter 8. Final Provisions

§ 34. Commencement This Act comes into force when the King bestemmer.1 From the same date the Act 8 December 1950 no. 3 relating to Norwegian Nationality right.

§ 35. The European Convention on Nationality Parliament agrees ratification of the European Convention on Nationality of 6 November 1997.

§ 36. Transitional provisions Applications and notifications shall be treated under this Act if they are promoted by the Act. Applications and notifications submitted prior to commencement of the Act, shall be treated under this Act if it will be in favor of the applicant or notifier.
§ 27 third paragraph, and § 28 also apply to cases brought before but decided after this Act came into force.
Messages received by the county submitted to the Directorate of Immigration for decision. Complaints received by the Ministry forwarded to the Immigration Board for decision.

§ 37. Specific transitional rules for children born before the Act children 18 years old who was adopted by a Norwegian citizen before the law entered into force, but that was not a Norwegian citizen by adoption or later by notification or application, by notification, right to become a Norwegian citizen, if adoption license was granted by Norwegian authorities pursuant to the adoption Act or there is foreign adoption which applies in Norway under the provisions of the adoption Act Chapter 4.

Children 18 years born before this Act came into force which are not a Norwegian citizen by notification to become a Norwegian citizen if the father was a Norwegian citizen when the child was born. His father died before the child was born, it is sufficient that the father was a Norwegian citizen when he died.
§ 31 of this Act also applies to the acquisition of Norwegian citizenship by subsections.
§ 17 of this Act also apply to children under 18 years of those who have acquired Norwegian citizenship by law 8. December 1950 no. 3 relating to Norwegian Nationality right.