What
is taken into account when assessing visa applications?
There may be many different reasons why a visa application is rejected.
Sources of law in processing
visa cases
A visa application is processed in line with the provisions of the Immigration
Act, Immigration Regulations and Public Administration Act.
In addition, Norway has undertaken to harmonise its visa system with
the other Schengen countries. The Schengen Agreement has produced joint
consular guidelines on how visa applications are to be processed. These
form the basis for many of the visa-related provisions in the Immigration
Act and Immigration Regulations.
Rejection for failure to meet
the formal requirements
One of the reasons why visa applications are rejected is that the applicant
has not provided sufficient documentation, or does not meet the requirements
laid down for visa applicants. Examples of this may include:
? Not having a valid passport or other approved travel document
* Not having had a right to return to the country of origin
* Not having provided documentation that you have valid travel insurance
for the whole visa period as required
* Having travel documents that are not valid for at least three months
beyond the period of your stay in the Schengen area
* Being registered in SIS, or being subject to a rejection or expulsion
order
* Wishing to stay in Norway on grounds which require a residence or
work permit. A visa will then be rejected and the applicant advised
to apply for the relevant permit
Rejection following discretionary
assessments
A large proportion of visa rejections are due to immigration policy
considerations suggesting that a visa should not be granted. Rejections
on grounds of immigration policy considerations are based on a discretionary
assessment that there is doubt as to whether the applicant intends to
return to their country of origin when the visa expires.
Central to the assessment is the applicant’s link to their country
of origin. Relevant assessment factors in this respect may be the applicant’s
marital status, age, nationality, housing, work/study situation, etc.
A visa may be granted if the immigration authorities decide that the
applicant has sufficiently strong links to their country of origin,
and that the other conditions are met. In cases where the immigration
authorities decides that the applicant does not have sufficiently strong
links to their country of origin, the application will be rejected,
unless there are specific welfare considerations which support the issuing
of the visa (see below).
There are also other discretionary assessments which may lead to a visa
application being rejected:
* Considerations of foreign policy or security policy support rejection
* There are grounds to doubt the purpose of the trip
* There are grounds to doubt the information provided
Granting a visa due to substantial welfare considerations
If it is decided that an applicant does not have sufficiently strong
links to their country of origin, the application will generally be
rejected. However, the immigration authorities may grant a visa, if
there are sufficiently substantial welfare considerations. Welfare considerations
which carry weight in visa processing include:
* Visit to close family (e.g. a visit to your own child or other close
family members)
* Visit to girl/boyfriend, fiancé(e) or spouse/partner (the relationship
must be of a long-term and serious nature)
* Events/occasions (e.g. Christening, wedding, funeral or cultural/sports
event)
* Serious illness or death of a close family member