Interim Act relating to entry restrictions for foreign nationals out of concern for public health

DateLOV-2020-06-19-83
MinistryMinistry of Justice and Public Security
Entry into force01.07.2020, expires 01.05.2022
Last consolidatedLOV-2021-11-26-142
Last update02.05.2022
Abbreviated titleInterim Act relating to entry restrictions for foreign nationals out of concern for public health
Original titleMidlertidig lov om innreiserestriksjoner for utlendinger av hensyn til folkehelsen

Amendment Acts incorporated in this text:
Act 30 October 2020 No. 120,
Act 22 January 2021 No. 3,
Act 28 May 2021 No. 45,
Act 11 June 2021 No. 66,
Act 26 November 2021 No. 142.
Repealed from 1 May 2022, see Section 10.

This is an unofficial translation of the Norwegian version of the Act and is provided for information purposes only. Legal authenticity remains with the Norwegian version as published in Norsk Lovtidend. In the event of any inconsistency, the Norwegian version shall prevail.

The translation is provided by the Ministry of Justice and Public Security.

Section 1.Purpose and scope of the Act

The purpose of the Act is to limit the right of entry of foreign nationals who would otherwise be legally entitled to enter under the Immigration Act, when this is necessary to safeguard public health in connection with an outbreak of COVID-19, an infectious disease hazardous to the public health.

The Act does not apply to Norwegian nationals. Nor does the Act apply to nationals from another Nordic country who reside in Norway.

Section 2.Entry into Norway and rejection

A foreign national is only entitled to enter if

a)the foreign national resides in Norway with a residence permit or right of residence under the Immigration Act;
b)the foreign national seeks protection (asylum) in the realm or otherwise invokes a right to international protection due to risk of persecution etc.; see section 73 of the Immigration Act;
c)the presence of the foreign national in the realm is essential to maintain the proper operation of critical public functions or attend to fundamental needs of the population;
d)the foreign national has been granted a residence permit without deferred entry (see section 3) and is covered by an exemption from entry restrictions in the Act or regulations issued pursuant to the Act at the time of entry;
e)the foreign national has been granted an entry visa under section 12 of the Immigration Act and is covered by an exemption from entry restrictions in the Act or regulations issued pursuant to the Act at the time of entry;
f)the foreign national has been granted a visa and is covered by an exemption from entry restrictions provided in the Act or regulations issued pursuant to the Act at the time of entry.

In other cases, a foreign national may be granted the right to enter if special reasons so indicate, such as specific care responsibilities for persons in Norway or other compelling welfare considerations.

A foreign national who comes to the realm or has entered in contravention of this Act or regulations issued pursuant to this Act may be rejected. The same applies if there are specific grounds indicating a clear likelihood that a foreign national not covered by the first paragraph a) or b) intentionally has committed or will commit a serious violation of the requirement to carry out entry quarantine under the COVID-19 Regulations. Foreign nationals who are rejected shall leave the realm without undue delay.

The King may issue regulations containing further provisions on rejection, exemption from entry restrictions and the requirement of registration and testing for SARS-CoV-2 in connection with entry into Norway. The King may issue regulations on the use of COVID-19 certificates as documentation of vaccination status, of having had COVID-19 disease, and of SARS-CoV-2 test results, including provisions stating that a COVID-19 certificate is the only acceptable documentation when effective and secure verficiation is considered necessary.

Section 3.Deferment of entry for foreign nationals with a residence permit

For foreign nationals granted a residence permit pursuant to the Immigration Act, permission to enter may be deferred until further notice.

Issuance of an entry visa (see section 12 of the Immigration Act and section 3-13, first paragraph, of the Immigration Regulations) to a foreign national requiring such visa who has been granted a residence permit may be deferred until further notice. Issuance of an entry visa may also be deferred if revocation of the permit is under consideration.

However, foreign nationals who are covered by exemptions specified in section 2, first paragraph c) or second paragraph, or by exemptions granted pursuant to the Act shall be permitted to enter without deferment. The King may issue regulations containing further provisions on entry by foreign nationals with a residence permit.

Section 4.Liability for expenses etc.

For foreign nationals directed out of the realm under this Act, Section 91, first paragraph, of the Immigration Act obliging foreign nationals to cover the cost of their own exit applies correspondingly.

The transport carrier's liability under section 91, third paragraph, of the Immigration Act applies correspondingly to administrative decisions on rejection taken under this Act.

Section 5.Exemptions from other rules

Chapters IV and V of the Public Administration Act do not apply to administrative decisions on rejection taken under this Act. The procedural rules set forth in Chapter 11 of the Immigration Act and Chapter 17 of the Immigration Regulations apply only insofar as they are consistent with simplified and expeditious processing of rejection decisions. Decisions taken under section 3 of the Act, regarding deferment of entry for foreign nationals granted a residence permit, may not be appealed.

The rules on free legal advice contained in section 92, first paragraph, of the Immigration Act do not apply to rejection decisions taken under this Act.

Section 6.Simplified case processing for administrative decisions, grounds, decision-making authority and appeals

Administrative decisions relating to rejection shall be written. The grounds given may be brief and standardised. The grounds shall state the rules on which the decision is based. Information on right of appeal shall be provided in accordance with the fourth paragraph.

Administrative decisions may be oral if there is a need for urgency or if providing a written decision is impracticable for other reasons. When the decision is not written, information as specified in the first paragraph shall be provided. The decision-making body shall confirm in writing the decision and its grounds if the party so requests.

Decisions are taken by the Directorate of Immigration or the police. The Ministry of Justice and Public Security may grant decision-making powers to another authority. The Directorate of Immigration may issue further guidelines relating to decision-making authority.

Administrative decisions relating to rejection may be appealed to the Directorate of Immigration or to the Immigration Appeals Board if the Directorate of Immigration has made the initial decision, in accordance with the rules in Chapter VI of the Public Administration Act. Section 42 of the Public Administration Act, relating to deferred implementation, is not applicable.

The King may issue regulations containing further case processing provisions.

Section 7.Expulsion

A foreign national without a residence permit may be expelled under section 66, first paragraph (a), of the Immigration Act when the foreign national has grossly or repeatedly breached the entry restrictions specified in sections 2 or 3, evades implementation of a decision requiring the person to leave the realm, or has provided materially incorrect or manifestly misleading information in connection with entry controls or subsequent processing of the question of permitting entry under this Act.

Section 8.Coercive measures

The rules on the use of coercive measures contained in Chapter 12 of the Immigration Act apply correspondingly as in the case of rejection under the Immigration Act.

Section 9.Penalty

A penalty of a fine or imprisonment for a term not exceeding six months, or both of these, shall be applied to any person who

a)violates the entry restrictions specified in sections 2 or 3, or
b)provides materially incorrect or manifestly misleading information in connection with entry controls or subsequent processing of the question of permitting entry under this Act.

Section 10.Entry into force and transitional provisions

This Act enters into force as of the date determined by the King​1. The King may issue transitional provisions.

The Act is to be repealed on 1 May 2022.

1In force 1 July 2020 persuant to Decree 29 June 2020 No. 1412.

Section 11.Amendments to other Acts

In section 18, third paragraph, of the Act of 15 May 2008 No. 35 relating to the admission of foreign nationals into the realm and their stay here (the Immigration Act), a new second sentence shall read:

The King may also authorise the police or other authority to make administrative decisions regarding rejection out of consideration for public health under section 17, first paragraph (l) of the Immigration Act.