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Brexit residence — eligible family member applying from abroad

NorwayFree movement

Explore the five recorded questions, answers and sources for this pathway.

Official link

Which citizenship, status or regional agreement creates the person's right to move/reside?

The right arises from being a family member of a British citizen covered by § 19-33 first paragraph: (a) family members (Immigration Act § 110 third paragraph) without a right of residence in Norway at the end of 31 December 2020 but with a family relationship established by then (for cohabitants the relationship must be considered lasting by 31 December 2020, cf. § 19-6), or (b) children of such a British citizen born or adopted after 31 December 2020.

See recorded sources

Under which circumstances can the person reside: worker, self-employed, student, jobseeker, self-funded person or another recognised basis?

The family member's basis depends on the UK national, who must have been resident in Norway as of 31 December 2020, with the relationship established before that date. If the UK national is employed, self-employed or has sufficient funds, eligible relatives are: spouse or registered partner; cohabitant; an engaged partner planning to marry; children, grandchildren and great-grandchildren under 21, or over 21 if already supported; supported parents, grandparents and great-grandparents; foster children under 18; full siblings under 18 without caregivers; a family member in need of care with serious health problems; and a sufficiently supported family member. If the UK national is a student, only a spouse or registered partner, a cohabitant, and children under 21 qualify.

See recorded sources

What entry, registration or residence-document formalities remain?

Applications for these family members must be submitted by 31 December 2021 or within three months of arrival, whichever is later; the deadline is waived where there are reasonable grounds. The Immigration Act § 56 first-paragraph requirement that a first residence permit be granted before entry does not apply to them.

See recorded sources

Which non-member-country family members can accompany or join, and what broad rights do they receive?

Family members who are neither British nor EEA citizens are subject, correspondingly, to the Immigration Act chapter 13 conditions for family members who are not EEA citizens. If the UK national is employed, self-employed or has sufficient funds, eligible relatives are: spouse or registered partner; cohabitant; an engaged partner planning to marry; children, grandchildren and great-grandchildren under 21, or over 21 if already supported; supported parents, grandparents and great-grandparents; foster children under 18; full siblings under 18 without caregivers; a family member in need of care with serious health problems; and a sufficiently supported family member. If the UK national is a student, only a spouse or registered partner, a cohabitant, and children under 21 qualify. The official source does not state the broad rights, such as work, that these family members receive.

See recorded sources
Limits of the record
  • Broad rights (work, etc.) not spelled out in the cited text.

When do permanent/long-term rights arise and what continuity, absence or retention conditions matter?

The residence permit is granted for up to five years and can be renewed, and it forms a basis for a permanent residence permit. The official source does not state when permanent residence arises or the continuity and absence conditions.

See recorded sources
Limits of the record
  • Continuity/absence conditions for permanent residence not cited here.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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