तपाईका प्रश्न तथा जिज्ञासा र वकिल जावेद शाहको उत्तर जस्ताको तस्तैSociety

हामीले करिब साता अघि फेसबुक पेजबाट सार्वजनिक गरेको प्रोमो त्यसमा रहेको राखिएको लिंकमा केहि प्रश्न तथा जिज्ञासाहरु आएका छन् लोकप्रिय वकिल जावेद शाहले तपाईका प्रश्न तथा जिज्ञासाको उत्तर हामीलाई लेखि पठाउनु भएको प्रस्तुत तपाईका प्रश्न तथा जिज्ञासा वकिल जावेद शाहको उत्तर जस्ताको तस्तै -


Q1 - I have a work permit with 80% job, Can I take any other job on remaining 20% or it has to be a skill job?

JS - Unfortunately, UDI has a strict practice of the rules. When UDI have granted work permit for skill worker, it is not possible to work in other types of work. Unless you apply for a permit to do so. It will not be recommended to apply, because most likely it will be rejected.


Q2 - I have a health problem because of which I am in sick leave. Now slowly recovering. I have not started any job. I left that small job which I used to do. NAV has kept me in loop. My study will be completed in this semester. Is it possible for me to get skilled job in such situations? I would appreciate on your response

JS - For answering this question we need more background information. You have a student visa, and are on sick leave? Before you start to work, you need to apply for such work permit. And before you apply, you should be off the sick leave. You must also apply for such work permit before your current permit runs out.


Q3 - I am leaving Norway because I didn’t get job on my academic field. Is it possible to come back to Norway if i get 100% unskilled job like in restaurants, cleaning company after 2-3 months?? Or do i have to wait more in my home country??

JS - It may not be granted work permit in that case. If you are not going to work as a skilled worker, the only option is to work with seasonal work, for example with agriculture, work in the ski hills or with mountain climbing.


Q4 - My son (9 yrs) has been living with us since 2017 in Norway. He got admission in class 3 and completed 4 class now. But he has not granted for resident permit still now and out of child benefited from NAV. What should I do? What is his future? How does a child right support him and his future in Norway? We have problems in health sector to test blood test, without personal number, no one gets a chance to test in government hospital. My son is living and studying Norwegian without personal number from 2017.

JS - Children have the right to necessary health care, even if they do not have the right to permanent residence. If the child id denied health care, it is possible to file a complaint. In Oslo and in Bergen there is an NGO that provides free health care for people without residence permit in Norway. They are called Helsesenteret for papirløse. For more information call 400 49 094 for the office in Bergen, and 488 90 560 for their office in Oslo.


Q5 - I have applied for job seeking visa In August 2017 but still pending now (2019 August). How long can I wait for it, if result is pending for 4/5 years, what is my future? After some years, I cannot get any job in my country due to age bar, how can I save in Norway for long time. Thank you.

JS - You should call 23 35 15 00 and ask UDI about your case. If you call one time every week, they will probably give you an answer very soon. As you wrote you have been waiting 2 years for an answer. This is an exceptional situation. There is a possibility to file a complaint to UDI about the amount of time used, which is a breach of the public administration Act § 11a. First it is wise to try to call them for a few weeks, before sending a complaint. After the complaint is sent, and they still are not answering, it is possible to file a complaint to the Sivilombudsmannen. Just note that it may take several months before the complaint will be handled.


Q6 - I am ______ _______, from Portugal. i am planning to move in Oslo in this December 2019, with my family, but I am unknown about the rule and regulation of Norway about moving, me and my baby is Portuguese citizen but my husband has just applied for Portuguese citizenship, and he had a temporary residency card from Portugal, so really wanna know is, can he move with us in Norway and can he work legal way or not, if yes than, what what is the procedure do that. __________@yahoo.com is my email id. Can you please help me.

JS - Before your husband gets the citizenship he does not have the right to work here on his own. But as he is together with you, he will have the right to work in Norway and live here legally if you get a job here. If you are not looking for a job here for yourself, the only way he can work is if he apply for a work permit for himself. For the first 3 months in Norway you can both live here without apply for residence permits. If you are planning on staying longer than 3 months, you can register at the police here that you are looking for work. This gives you legal stay for 6 months. If you do not get a job within 6 months you must leave Norway. If you get a job, you must register as an EEA national. Your husband needs to register as an family member to an EEA citizen. You may be called in by for an interview. The reason is that the immigration officer will investigate whether your marriage is a marriage of convenience, or not. Before the interview, it is crucial to get legal advice. The investigation focuses on what happened before you got married, how much you know about each other’s life, family, health and education. If there is an age difference, and the motivation for the person to get married to an EU citizen.


Q7 - Can I change family visa to work permit?

JS - It is possible to apply for a work visa when you still have a family visa, but it may be difficult to be granted such permit. That is because of “equal treatment” of cases. Normally Norway does not give work permits for people of countries as Nepal.


प्रश्न तथा जिज्ञासा पठाउनु हुने तपाई तथा त्यसको उत्तर दिने वकिल जावेद शाह सबै जनालाई धन्यवाद यदि तपाई आफै वकिल जावेद शाहलाई सम्पर्क गर्न चाहनुहुन्छ भने

Advokatfirmaet SHAH A/S

Trondheimsveien 2

Oslo, Norway