February 2023
With this update we would like to share some information which is applicable when UK citizens visit Norway as business travellers. Even though British citizens have not been considered as EU citizens since Brexit, there has been an increase of questions relating to this nationality, which we believe is due to the circumstance that travel frequency has stabilised post Covid-19 restrictions.
Summary
● Vialto Partners in Norway have noticed that travel patterns and frequency have stabilised post Covid-19 restrictions, and that a lot of UK citizens and their non-EU employers are not fully aware of the restrictions that apply for immigration to Norway post Brexit.
● As UK citizens are categorised as non-EU according to the Norwegian Immigration Act, relevant immigration requirements must be assessed and met prior to entering Norway for business reasons.
The detail
Our experience is that UK citizens are more frequently asked about their intent of stay when entering Norway. The reason for this is that UK citizens are no longer EU citizens.
The ordinary immigration legislation applies for UK citizens, meaning that an UK citizen cannot start working in Norway before a residence permit for work purposes is applied for and granted by the Norwegian Directorate of Immigration (UDI).
However, a foreign national can work or exercise business activities without a residence permit for a short duration of time if certain requirements are met. Commercial and business travellers (people who are to participate in meetings, conferences, contract negotiations) are exempted from the residence permit requirement when visiting Norway for up to 90 days during a 180 days period as long as their activity while in Norway is limited to the planning, reporting, presentation and handover of results/products and discussion at a more general level relating to a contract or project. It is further a requirement that the business traveller do not have an employer in Norway.
The commercial and business traveller exemption also covers persons in managerial positions who are to establish a branch or other commercial presence in Norway on behalf of a service provider based abroad.
What this means
Travels to Norway which are not in compliance with the above (or any other exemptions as set out in the Immigration Regulations) are considered as work in Norway, and a residence permit for work purposes must be applied for and granted before the foreign national starts working in Norway.
Non-compliance with the exemption may lead to rejection of entry. Working in Norway without a residence permit or without meeting the conditions for an exemption may lead to stricter sanctions, such as expulsion from Norway and the Schengen area for a further defined period of time.
How we can help
Vialto Partners recommend that non-EU companies with UK and other non-EU business travellers make a legal assessment of the stay before entering Norway, and that this assessment is documented. We further recommend that the business traveller carry this document upon entry.
Vialto Partners in Norway would be happy to assist with the above.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Further information on Vialto Partners can be found here: www.vialtopartners.com
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