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EU/EEA posted service-provider employee

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?

A foreign national who is not otherwise covered but is an employee of an enterprise established in an EEA country is still covered by the EEA chapter of the Immigration Act (as far as they fit the assignment in Norway) when they will perform work under the EEA Agreement rules on free movement of services, or will establish themselves under the EEA freedom of establishment.

See recorded sources
  • https://lovdata.no/dokument/NL/lov/2008-05-15-35/KAPITTEL_15
    En utlending som faller utenfor bestemmelsene i første til tredje ledd, men som er arbeidstaker i et foretak etablert i et EØS-land, omfattes likevel av bestemmelsene i dette kapittelet så langt de passer i forhold til det oppdraget som skal utføres her i riket, når vedkommende a. skal utføre arbeid etter reglene om fri bevegelighet for tjenester i EØS-avtalen, eller b. skal etablere seg etter reglene om fri etableringsrett i EØS-avtalen.

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

With a valid passport the posted employee has a right of residence of up to three months; beyond three months the right lasts as long as the stay is part of providing a service or is necessary for establishing a business in Norway.

See recorded sources

What entry, registration or residence-document formalities remain?

A person residing under section 114 for more than three months must obtain a residence card, applying within three months of entry; proof that the application was submitted is issued immediately. For a posted service-provider employee the application must include a valid passport and documentation that they will perform work under the EEA free movement of services or establish under the EEA freedom of establishment. The application is decided within six months.

See recorded sources

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

The posted employee can bring family to Norway, and the family members must also register. Under the Immigration Act, family members covered by the EEA rules are: a spouse; a cohabitant where there is a lasting, documentable relationship; descendants of the EEA national or of the spouse/cohabitant who are under 21 or supported by the EEA national or spouse; and supported ascendants. A non-EEA family member of an EEA national with a right of residence as a worker, self-employed person or service provider has a right to reside as long as the EEA national's right of residence continues.

See recorded sources
Limits of the record
  • Family rights for a non-EEA national posted by an EEA company (utlendingsloven § 110 fourth paragraph) are not addressed.

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

After five years in Norway the person can be granted a permanent right of residence. Under the Immigration Act this requires five years of continuous lawful residence under sections 112 and 113; the permanent right then exists independently of those conditions and lapses after more than two consecutive years outside Norway. Absences under six months in a twelve-month period, or up to twelve months for reasons such as pregnancy, childbirth, serious illness, studies or posting to another EEA country or third country, or for military or civilian national service, do not break continuity.

See recorded sources
Limits of the record
  • Applies to EEA nationals; a non-EEA national posted by an EEA company (§ 110 fourth paragraph) is not covered by § 115.

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

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