Section 40. Residence permit for spouses

An applicant who is the spouse of a sponsor, see section 39, is entitled to a residence permit when the sponsor is:

a.
a Norwegian or Nordic national who resides or intends to establish residence in the realm,
b.
a foreign national with a permanent residence permit for the realm,
c.
a foreign national who has or is granted lawful residence in the realm under a residence permit that can provide a basis for a permanent residence permit, or
d.
a foreign national who holds a residence permit under the provision in section 34 without the collective protection arrangement having ended.

It is a condition for the grant of a residence permit under the first paragraph that both parties are aged 18 or over, unless the parties are subject to the requirement that both applicants must be aged 24 or over; see section 41 a.

Unless particular circumstances indicate otherwise, it is a condition that the spouses shall live together.

A residence permit may be refused if it appears most likely that the main purpose of entering into the marriage has been to establish a basis for residence in the realm for the applicant.

An applicant who does not have children from his or her relationship with the sponsor and has not lived with the sponsor in an established relationship in another country or in Norway may be refused a residence permit if it is most likely that the applicant or his or her children from a previous relationship will be mistreated or grossly exploited. The same applies to children from a previous relationship who apply for family reunification with a parent who has been granted a residence permit without having had children with the sponsor or having lived in an established relationship with the sponsor in another country or in Norway. The King may issue regulations containing further provisions on the application of the provision.

A residence permit for children from a previous relationship as mentioned in the fifth paragraph shall as a general rule be refused if the sponsor (the parent’s spouse) has in the course of the previous 10 years been convicted of a breach of the provisions of the Penal Code on sexual crimes and the criminal act was committed against a child under the age of 18, unless particular grounds indicate that a residence permit should nevertheless be granted. A residence permit may also be refused if there is reason to fear that a child from a previous relationship will be exposed to sexual abuse. If the parent’s spouse is suspected of or charged with a criminal offence that may have a bearing on the application, the application shall be suspended. The King may issue regulations containing further provisions on the application of the provision.

If the sponsor is granted residence in the realm after entering into marriage with multiple persons, only one of the spouses may be granted a residence permit. If the sponsor is already married to a person who resides in the realm, no residence permit may be granted under this section. If the sponsor has previously been married to another person and it appears most likely that the former spouses intend to continue living together, a residence permit may be refused.