The Law On Introduction Mechanism And Norwegian Training For Newly Arrived Immigrants (Law)

Original Language Title: Lov om introduksjonsordning og norskopplæring for nyankomne innvandrere (introduksjonsloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2003-07-04-80

The law on introduction mechanism and Norwegian training for newly arrived immigrants (law).

Date law-2003-07-04-80 Ministry of Justice and emergency Ministry last edited law-2015-12-18-108 from 01.01.2016 published in 2003 booklet 10 entry into force 01.09.2003, Change 01.09.2004 Announced short title Law Chapter overview: Chapter 1. Introduction (section 1) Chapter 2. Introductory program (sections 2-7) Chapter 3. Introductory benefit (§ § 8-16) Chapter 4. Training in Norwegian and social studies (§ § 17-20) Chapter 5. The processing rules and more (§ § 21-26) Chapter 6. Final provisions (§ § 27-28) The title changed by law March 11, 2005 Nr. 13 (ikr. 1 sep 2005 68. res. March 11, 2005, Nr. 228).

Chapter 1. Introduction section 1. The purpose the purpose of this law is to strengthen the newly arrived immigrants the opportunity for participation in professional and social life, and their economic independence.

Chapter 2. Introductory program § 2. The right and duty to the participation in the introductory program the right and duty to the participation in the introductory program applies to newly arrived foreign national aged between 18 and 55 years who need basic qualification and who have been granted a) asylum, jf. the Immigration Act section 28, b) residence permit after an entry permit as resettlement, jf. the Immigration Act section 35 the third paragraph c) renewable residence permit after the Immigration Act § 38 the first paragraph on the basis of the application for asylum, or collective protection in mass escape situation, cf. the Immigration Act § 34, eller1 d) residence as family members of persons referred to in letter a, b, and c, cf. the Immigration Act Chapter 6. To be covered by this provision, it is a condition that the persons referred to in letter a, b, and c have not been resident in a municipality for more than five years before it applied for family reunification.

e) renewable residence permit after the Immigration Act § 53 first paragraph, LITRA b, section 53 subsection or section 53 the third paragraph. For persons referred to in the first sentence applies to the right and the duty to participate in the introductory programme for two years from the time it is given a residence permit on the foundations that are mentioned.

The right and duty to the participation in the introductory program applies only to persons who are resident in the municipality according to the special agreement between the immigration authorities and the municipality. The requirement of special agreement does not apply to persons referred to in section 2 subsection letter d or e. That newly arrived is considered to have been a resident of a municipality in less than two years when the decision on participation in the introductory scheme should get together.
Nordic citizens and foreigners covered by the agreement on the European economic area (EEA Agreement), are not covered by paragraph here.

§ 3. The Council's responsibility for the introduction programme the municipality provides introductory program after this chapter to newly arrived immigrants who are resident in the municipality.
The Council should as soon as possible and within three months after the settlement in the municipality of or after the requirements for participation are set forth, facilitating the introductory program according to this chapter to the person who is covered by section 2. The municipality's duty does not apply to people who have canceled or rejected participation in the introductory program.
The municipality can offer the introductory program to the newly arrived foreigner with residence permit pursuant to the Immigration Act Chapter 6 who are family members of anyone other than the persons referred to in section 2, to the newly arrived foreigner over 55 years of living basis as mentioned in section 2, first paragraph, and to newly arrived foreign national referred to in section 2 who is resident in the municipality without special agreement between the immigration authorities and the municipality.
The Ministry may fix closer to guidelines on the municipality's responsibility.

§ 4. Introductory tutorial program is organized for the person who has the need for basic qualification. Introductory program aims to a) provide basic skills in Norwegian, b) provide basic insight into Norwegian society, c) prepare for participation in professional life.

The program will be annual and full time.
The program should at least contain a) Norwegian training, b) social studies, c) measures that are preparing to further training or association with professional life.

By conducted or cancelled program to the participant is issued a proof.

§ 5. The program's duration the program can last up to two years, with the addition of the approved leave. When particular reasons for it, the program can last up to three years.

section 6. Individual plan it should be worked out an individual plan for it to participate in the introductory programme. It should be designed on the basis of a survey of the person's training needs and of what measures they can take.
The plan should at least contain the program's start and time phases and a statement of the measures in the program.
The plan will be worked out in consultation with the person concerned.
The plan will be taken up for review on a regular basis and by significant change in the person's life situation.

section 7. Stoppage of introductory scheme because of the individual's conditions the municipality can stop the arrangement for the individual if it is factually justified in the individual's conditions.

Chapter 3. Introductory benefit section 8. The right to the benefit For the introductory time a person participating in the program as mentioned in section 4, and has that person claim the introductory benefit.
For participation in the program on an annual basis is equal to two allowance scheme.
Participant under 25 years old receives 2/3 benefit.

§ 9. Calculating Allowance per month make up 1/12 of the allowance on an annual basis. Helplessness allowance per day amounts to 1/30 of the monthly allowance. Helplessness allowance per hour make up 1/1850 of allowance on an annual basis.

§ 10. Absence by the absence as not due to illness or other compelling welfare reasons, and that it is not granted permission to the allowance, the corresponding, jf. § 9. The Ministry determines by regulation closer to the rules about the absence and leave.

section 11. Own funds will not decrease helplessness allowance because of the revenue of their own or someone else's business or as a result of fortune. Helplessness allowance be reduced rather not because of received child support.
To the extent that paid employment are included in the program, the allowance equivalent to the time worked.

§ 12. Coordination with other public benefits in the Introduction allowance is reduced extent to which he or she has the right to unemployment benefits under the unemployment, sick leave or parents money, and the right to these benefits are built up before they started in an introductory program. Helplessness allowance is reduced accordingly for disability or work avklarings money he or she receives.
If the person in question as part of the introductory program participates in the training that triggers the benefit of livelihood, children's addition, the supervisor for children and also other members of the family, the borteboer add-in or add-in from work-travel and welfare, belongs to the municipality of helplessness allowance.
If the person receiving the transitional, introductory allowance is reduced on an annual basis with 40 percent of the transitional that exceeds half of the 12 times the base amount.
Child benefit and cash benefit comes not to the deductions in the allowance.

section 13. Payment Payment arrears on the basis of happens registered attendance. The municipality decides how and for what times to happen. payout

section 14. Moves in future payments If he or she has been paid higher benefit than what she or he is entitled to, the excess can be deducted in future benefit.

section 15. Has some incorrect information received a performance because the person, or someone who has acted on his or her behalf, intentional or grossly negligent has given incorrect information or have withheld information, it can be adopted that the allowance is to be paid back.

section 16. Refund in benefits from the national insurance scheme If a recipient of the introductory benefit with tilbakevirkning get granted benefits as mentioned in § 12, the municipality can claim a full or partial refund of the amount to etterbetales, to cover their outlay to the same purposes and for the same period of time.

Chapter 4. Training in Norwegian and social studies section 17. The right and duty to participation in training in Norwegian and social studies the right and duty to the participation in the free training in Norwegian and social studies in a total of 600 hours apply to the foreigner between 16 and 55 years who have been given a) residence permit after the immigration law that forms the basis for permanent residence, or b) collective protection in mass exodus situation after the Immigration Act section 34.

Foreigner between 55 and 67 years of living basis as mentioned in the letter a or b have the right, but not the obligation, to participate in the training as mentioned in the first paragraph.
The right to participation after the first and the second paragraph does not apply to foreigner with residence permit after the Immigration Act § § 23 and 25 and their family members with permission under the Immigration Act Chapter 6. Foreigner between 16 and 55 years with permission as mentioned in the first sentence that forms the basis for permanent residence, has the duty of participation in training in Norwegian and social studies in a total of 300 hours, cf. section 18 the first paragraph, second sentence.
The right or duty of participation in training in Norwegian is not if it is documented that he or she has sufficient knowledge of Norwegian. The right or duty of participation in training in social studies is not if it is documented that he or she has sufficient knowledge of the community. The duty of participation in training in Norwegian is not if it is documented that he or she has sufficient knowledge of Sami. If a particular health or other weighty reasons warrant, the municipality can exempt the individual from the duty of participation. The individual must search the municipality for relief from the duty of training in Norwegian or social studies for the link here.

The right or duty of participation after the first to the third paragraph occurs by the granting of a residence permit for the first time after the Immigration Act, or from the arrival to the Kingdom for the foreigner who has been granted such permission before entering the country. For persons covered by the first paragraph, LITRA b, begins at the right and duty to the participation from the time the person concerned is resident in the municipality according to the special agreement between the immigration authorities and the municipality. The right to participation after the first and second paragraph applies for three years. In special cases, the right and duty to the participation from the time this case requirements of training is set up. The Ministry may by regulation provide supplementary rules about what's here should be regarded as special cases.

§ 18. The Council's responsibility for the training in the Norwegian and social studies the municipality shall as soon as possible and within three months after the public registration in the municipality or the requirements for participation are set forth, make sure the offer of training in Norwegian and social studies according to section 17 for the people who live in the municipality or living temporarily on the asylum reception center in the municipality. The municipality may require that persons covered by section 17, third paragraph, pay for the tutorial.
The Council should as soon as possible and within three months after the application for participation is being put forward, make sure the offer of additional free training in Norwegian to persons covered by section 17 subsections within the frame of 2 400 hours, if the person has a need for it. The municipality may require that he or she is conducting tests to determine whether there is a need for such training. The municipalities ' obligation after this link applies for five years from the time the right or duty of participation in training in Norwegian and social studies exist, cf. § 17 the fifth paragraph.
The training to be provided by the municipality or by others as the municipality approves.

§ 19. Implementation of the training in the Norwegian and social studies it should be worked out an individual plan for it that will participate in the training in Norwegian and social studies. section 6 applies accordingly.
Foreigner with the right and duty of participation in training in Norwegian and social studies under section 17 the first paragraph has a duty to take a final try in Norwegian and social studies. The Ministry may by regulations provide further provisions on the content and implementation of such a trial.
The one to teach in Norwegian and social studies should as a general rule have academic and educational expertise.
The municipality can stop the training for the individual if it is factually justified in the individual's conditions.
By conducted or interrupted training should be issued a participant proof.

section 20. Regulations the Ministry may by regulations provide further provisions to the completion and implementation of the chapter here, including the provisions on the objectives of the training and about the absence and leave.

Chapter 5. The processing rules and more.

§ 21. The relationship with the management law law applies the Management with the special rules laid down in the law here.
That individual decisions under this Act is considered decisions about a) allocation of the introductory program, the introductory benefit and training in Norwegian and social studies, b) material change of individual plan, c) stansning of tutorial or training in Norwegian and social studies for the individual, d) leave, e) moves in the introductory allowance by 50 percent or more of a single payment, and that at least equal to 1/12 of 12 times the base amount.

Candidates to receive services under this Act is not considered parties in the same case. It may not be appealed over another have been given performance.

§ 22. Complaint individual decisions hit under this Act may be appealed to the County.
The county can try all aspects of the decision. When it comes to the testing of the free discretion, the county can still change the decision when the skjønnet is obviously unreasonable.

§ 23. The County to supervise the fulfilment of the Council's duties under chapters 2 to 4 and the registration of participation in the introductory program, training in Norwegian and social studies and Norwegian training for asylum seekers in-person registry under section 25 the first paragraph. The rules of the municipality Law Chapter 10 A applies to supervision after the first paragraph.
The Ministry may provide regulations with provisions on closer inspection.

section 24. The municipality should lead internal control to ensure that the activities and services for chapters 2 to 4 and the registration of participation in the introductory program, training in Norwegian and social studies and Norwegian training for asylum seekers in-person registry under section 25 the first paragraph is in accordance with the requirements set out in the law. The municipality must be able to account for how it meets this duty. The Ministry may provide regulations with provisions on closer the obligation to lead internal control.

§ 25. Processing of personal data That can be created registers of national treatment of personal information necessary for the implementation, follow-up and evaluation of the introductory program, training in Norwegian and social studies, Norwegian training for asylum seekers, the settling of immigrants and related grants. Required information for these purposes can be extradited from immigration, immigration appeals, the central national registry, Integration and diversity, child, youth and family Agency, Vox, the municipalities, care centres and reception. Avgiverne may be ordered to disclose the information that the Ministry determines, and the information will be given without the obstacle of statutory confidentiality. The processing of information shall be made in accordance with the personal data Act and be known for the registered.
The municipality may collect information from other government agencies that are necessary for the treatment of individual cases about the introductory program, training in Norwegian and social studies, Norwegian training for asylum seekers, the settling of immigrants and related grants. The person has not consented in that the information is collected, to the question whether the information can be given without the obstacle of secrecy, will be determined after the confidentiality provisions that apply to avgiverorganet.
Just as with public bodies and private organizations is considered to be that perform tasks for State, County Council or municipality.
Information as mentioned in the first paragraph may be disclosed to government agencies that have a need for them in connection with the implementation, follow-up and evaluation of the schemes. If it is sufficient for the purpose, to such information only be disclosed in statistical form or by individualiserende feature is omitted in some other way.
The Ministry may by regulation provide further rules on the treatment of the information, including which agencies that can process the information, what information can be disclosed and to which bodies.

§ 26. Disclosure to the child protection service Personnel who work within the framework of this law, shall, in their work be aware of conditions that can lead to measures from the child welfare service's page.
Without the obstacle of secrecy to the personnel of its own initiative give information to the child welfare service when there is reason to believe that a child is being abused in the home or that there are other forms of serious neglect, jf. law 17. July 1992 No. about 100 child welfare services section 4-10, § 4-11, section 4-12, or when a child has shown sustained serious behavioral, jf. the same Act § 4-24. Even after orders from the agencies that are responsible for the implementation of the law on child protection services, the duties of the personnel to provide such information.

Chapter 6. Final provisions § 27. Entry into force the law takes effect 1. September 2003. Up to 31. August 2004 law does not apply to the individual municipality unless the municipality even hit the decision about it. The right and duty for persons mentioned in section 2 is valid from 1. September 2004. § 3 the second paragraph takes effect from 1. September 2004.
From 1. September 2004 the law applies to all municipalities and includes the people the law applies to the resident after 1. September 2003.

section 28. Change in other laws-