Immigration Compliance In Norway’s Energy Sector: A Guide For Third-Country Nationals

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Dec 21, 2023
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Norway’s energy industry is booming, driven by its robust oil and gas sector and increasing investment in renewables. With this growth comes a high demand for skilled professionals—many of whom are third-country nationals (TCNs), including UK nationals post-Brexit. But working in Norway’s energy sector isn’t just about having the right skills—it’s about ensuring full compliance with immigration laws, which can be complex and vary depending on the nature and location of the work.
This article explores the key considerations for third-country nationals and their employers, focusing on when a work permit is required, how offshore work is classified, the nuances of technical exemptions, and the importance of strategic workforce planning.

Understanding When a Work Permit Is Required​

Third-country nationals are generally limited to 90 days of stay within a 180-day period under Schengen rules, and only for short-term business or leisure travel. If the planned work involves hands-on activities, more formal immigration procedures come into play—typically requiring a work and residence permit or, in some limited cases, the technical exemption process.
Work permits must be sponsored by a Norwegian company or client, and applicants need to meet specific qualifications and salary thresholds.

Onshore vs Offshore: Does Location Change the Rules?​

Yes, it does—significantly.

Fixed Offshore Installations

If the work is to be performed on a fixed installation on the Norwegian continental shelf (i.e., attached to the seabed within 12 nautical miles), the Norwegian Immigration Act applies. This means foreign employees will almost always need a work permit.

Mobile Offshore Units (FMOs)

Things become more complicated when the work involves floating or mobile offshore units, such as:
  • Drilling units
  • Accommodation vessels
  • FPSOs (Floating Production Storage and Offloading units)
  • Well intervention units
If the unit is not attached to the seabed, immigration rules might not apply in the same way. For instance, during transit from another country (like Denmark) to Norway, employees may only be required to report border entry/exit, with no immediate permit obligations.
However, once the installation becomes fixed or operational, its status changes—and immigration requirements kick in, potentially catching employers off guard.

Short-Term Work: The Technical Exemption​

Norway doesn’t offer a formal short-term work permit for stays under 90 days, but the technical exemption in the Norwegian Aliens Act may apply under specific conditions.
To qualify:
  • The work must be highly technical and short in nature.
  • The local police district must be notified before travel.
  • Interpretation of the exemption varies by district, which adds complexity.
Example: A team of UK nationals is brought in for an 8-week subsea pipeline inspection. Because the work is temporary, hands-on, and technical in nature, and they don’t need to return ad-hoc, the technical exemption may apply.
But if the same team were to make multiple visits or stay over 90 days, a full work and residence permit would be required.

Risks of Misusing the Technical Exemption​

While the technical exemption offers flexibility, it also comes with risks:
  • Varying interpretation by police districts makes planning difficult.
  • Frequent use for the same project may be flagged by authorities.
  • Fines can be imposed on both individuals and sponsors for non-compliance.
  • Spot checks and increased scrutiny at the border are becoming more common.
Looking ahead, the European Travel Information and Authorisation System (ETIAS) and the Entry/Exit System (EES) will add new pre-travel authorization requirements, especially important when travelling to floating units or switching jurisdictions.

Workforce Planning: Immigration Should Be Step One​

Immigration requirements shouldn’t be an afterthought. Effective workforce planning starts before project bidding and includes:
  • Understanding permit options early.
  • Factoring in immigration lead times during scheduling.
  • Educating clients and managers about what’s required.
While the technical exemption may seem like a quick solution, it's not always sustainable. Applying for a full work and residence permit may take more effort upfront, but it gives workers more flexibility and avoids restrictions like the 90/180-day rule.

Pros and Cons Summary​

ProsCons
Technical exemption allows short-term, hands-on work without a full permitVarying interpretations by police districts complicate planning
Work and residence permits offer long-term compliance and flexibilityRequires more time and documentation to apply
Floating units may not always trigger permit requirementsChanging status of offshore installations can quickly shift legal obligations
Better immigration planning leads to smoother project executionLack of awareness can lead to fines, delays, or denied entry

Understanding the immigration landscape is key for third-country nationals seeking to work in Norway’s dynamic energy sector. Whether onshore or offshore, short-term or long-term, compliance starts with knowledge—and planning ahead.