According to the Immigration Regulations section 106 third paragraph, the Embassy can, according to the regulations set by the Directorate, issue a D-visa even though a residence- work permit is required. The regulations are given by the Directorate of Immigration in Circular note 2003-15 OPA.
According to this Circular, and as a general rule, a residence permit and work permit must have been granted prior to the foreign national’s entry into Norway, cf. section 10 first paragraph of the Immigration Regulations. Consequently, an application for family reunification must be submitted from abroad.
The present circular gives Foreign Service missions the authority to grant foreign nationals in certain exceptional cases a limited entry visa (type D) for the purpose of applying for family reunification in Norway. This applies correspondingly when the foreign national already has submitted such application, but wishes to stay in Norway while the application is being processed.
TARGET GROUP AND CONDITIONS:
The applicant must be:
- the spouse of a Norwegian citizen residing in or intending to take up residence in Norway; or
- the spouse of a Nordic citizen that has resided in the realm for the last three years, and the parties have been married for at least three years; or
- the spouse of a foreign national residing in Norway with a settlement permit or an individual permit to work in a group, and the parties have been married for at least three years. It must be documented that the spouse lives in Norway.
If the applicant is married to a foreign national having a settlement permit stamp in his or her travel document, a visa shall not be issued if the Foreign Service mission possesses information indicating that the applicant’s spouse has stayed outside Norway for more than two years. We refer to that fact that a settlement permit lapses when the holder has had his or her abode, or has in fact been resident, outside the realm for a continuous period of more than two years; or a joint child of the spouses, cf. section 23 first paragraph (c) of the Immigration Regulations, who is going to travel with the applicant. Children of one of the spouses only do not come under this arrangement.
The Foreign Service mission shall reject the visa application pursuant to the provisions of the Public Administration Act if the mission believes it has not been documented that the applicant belongs to above-mentioned the circle of persons.
In addition, all of the following requirements must be fulfilled:
- Both parties must have been above the age of 18 at the time the marriage was entered into.
- The spouses shall live together in Norway.
- The marriage must not have been performed by proxy.
- For applicants married to Norwegian citizens the subsistence requirement must be fulfilled, cf. section 25 of the Immigration Regulations. The subsistence requirement equals pay grade 1 for civil service employees. (At the moment approximately 182 400 NOK per year)
- A visa shall not be granted if the applicant has been registered in the Schengen Information System (SIS).
- The applicant must not have been expelled from Norway with prohibition of entry.
- The information in the Central Person Register in Norway must be in agreement with the documentation presented in the case.
The following documents are required:
- One passport photo
- One set of application form filled in with block letters
- One copy of the passport
- One copy of the ID-card (Shenasname) translated to English and verified by the Foreign Ministry in Tehran
- Certified copy of the reference’s passport
- Residential certificate ("bostedsattest") from the reference
- Documentation to prove that the subsistence requirement is fulfilled, for example the reference’s pay-rolls for the last three months
- Marriage certificate translated to English and verified by the Foreign Ministry in Tehran
The following documents are needed for a D-visa to be issued:
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Original passport valid for at least one year
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One 3*4 color picture with white background facing front.
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Original one way ticket+its copy
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Receipt of the money paid before
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For non Iranian applicants, a valid Iranian visa issued in their passport showing they have entered Iran legally.
Please note:
- A D-visa is issued free of charge, but the applicant will have to pay the normal fee for a work/residence permit when he/she files an application in Norway.
- The Embassy decides in each and every case if this Special Regulation may be used, depending on the documents submitted, and other relevant facts.
- After arriving in Norway, the applicant cannot travel to other Schengen States until a residence permit has been granted.
- If the applicant leaves Norway while the application for a residence permit is still under consideration, a new entry visa will only be granted in exceptional cases.
- While the residence permit is under consideration, the applicant does not have the right to attend school or Norwegian language classes or get social security benefit. Nor will the Norwegian authorities cover the travel expenses to Norway.