This memo deals with UNE’s practice in cases concerning a residence permit for a parent because of right of access to a child in the realm, cf. the Immigration Act Sections 45 and 52 (access cases). The memo sets out how the conditions in these provisions are applied in practice, and in what cases UNE has granted a permit although the conditions have not been met. When do strong humanitarian considerations indicate grounds for a permit in these cases? The memo will identify some of the key factors and bases for the assessment.
The memo only addresses the practice in access cases and does not deal with cases pursuant to Section 44 of the Immigration Act concerning a residence permit for a mother or a father who is to live permanently with a Norwegian child. Nor does the memo address the practice of strong humanitarian considerations in other family immigration cases. Cases in which foreign nationals apply for family immigration with a spouse/cohabitant they have children with in Norway are therefore not covered in the memo. Nor does the memo address the practice in protection cases where right of access to a child in the realm is a topic. Nor does it discuss expulsion cases where right of access to a child in the realm is a topic. Although the threshold for strong humanitarian considerations is conditionally the same across different types of cases, the circumstances in the cases and the immigration regulatory considerations will differ.