This practice memo deals with asylum seekers who reside in Norway following exclusion from the right to refugee status pursuant to Section 31 of the Immigration Act. Most of them have a temporary residence permit pursuant to Section 74. The issue is whether they can be granted a general residence permit pursuant to Section 38 first paragraph if they reside for a long period in Norway and submit a request for reversal.
A review of cases shows that it is not possible to specify a given deadline for when a permit pursuant to Section 38 should be granted. Practice shows that UNE makes concrete overall assessments. Key factors in the assessment are the length of the period of residence with and without a permit, the possibility of return in the immediate future, children, family and health considerations, and immigration regulatory considerations, including the severity of the offence that formed the basis for exclusion. The best interests of the child appears to have been strongly emphasised in a number of cases. The same applies to the severity of the acts that form the basis for exclusion.
The main impression of practice is that a great deal is required to be granted a general permit pursuant to Section 38 first paragraph.