Requirement for Foreign Employees to Work
Foreign employees from outside the EEA/EFTA area, including self-employed individuals, must hold a residence permit, which may be obtained at the Foreign Service Mission or the Norwegian Directorate of Immigration, that entails the right to work in Norway. There are different types of permits depending on whether someone is a skilled worker, an unskilled worker (such as seasonal workers and seafarers aboard foreign ships), a specialist, a student, a researcher, etc. A residence permit may be obtained at the Foreign Service Mission or the Norwegian Directorate of Immigration.
Does a Foreign Employer need to Establish or Work through a Local Entity to Hire an Employee?
When a foreign employer wants to hire an employee in Norway, there is no requirement to establish or work through a local legal entity in Norway. However, all foreign enterprises that will operate business activities in Norway are required to register with the Norwegian Register of Business Enterprises (Foretaksregisteret). An enterprise is considered a foreign enterprise pursuant to Norwegian legislation if the company does not have its main office in Norway or on the Norwegian continent. Business operations are operations where the enterprise intends to profit from a certain scope and duration. If the business has a turnover of a minimum of NOK 50,000 (equal to approx. EUR 4570 per April 2026) within a 12 month period, and the activity is running for more than 90 days, the enterprise is considered to preform business activities, and thus have an obligation to register.
Also, the employer has to register with the Value Added Tax Register, the Welfare authorities’ (NAV) AA register, Statistics Norway and the Corporate Taxation Data Register. Depending on the type of business and whether the employer will establish a legal entity in Norway, the company may also have to register in other public registers in Norway.
To register a foreign enterprise in Norway, the enterprise needs to complete the form “Coordinated register notification” (Samordnet registermelding) and send the form in to the Norwegian Register of Business Enterprises (Foretaksregisteret). The form can be downloaded online at: https://www.brreg.no/business/other-types-of-entities/norwegian-registered-foreign-business/form-and-guide-for-the-registration-of-an-nuf/
Limitations on Background Checks
Background checks may involve verifying information provided by the candidate or conducting more extensive investigations aimed at assessing personal characteristics. It is common to verify education, professional experience, business interests, identity, address and references. Less commonly, employers examine work permits, “CV-holes”, alcohol or drug-related issues, salary, medical history, or the reasons for termination of previous employment. The employer usually has an extensive right to verify the information given by the candidate.
As a general rule, an employer is free to hire the candidate of their choice based on self-chosen criteria (limited by the principle of impartiality). The legislation does not explicitly regulate the employer’s right to conduct background checks. However, various legal provisions impose limitations on the collection and use of information in connection with hiring employees. The same restrictions also apply when employers carry out background checks.
According to the WEA Section 13-4, the employer must not, when advertising for new employees or in any other manner, request applicants to provide information concerning their views on political issues or whether they are members of trade unions. Nor may the employer obtain such information through background checks.
Furthermore, the employer may not gather information as referred to in section 30 of the Equality and Anti-Discrimination Act, with regards to family life, religious point of view, ethnicity, functional disability, and sexual orientation, unless such information is of fundamental importance for the performance of the work required in the position.
The employer may collect information regarding the candidate’s personal cohabitation arrangements or religious views (this line of inquiry must be stated when advertising the vacancy), if the establishment has a main objective to promote specific religious or fundamental values, and the employee’s position will be of importance to accomplish such objective.
In addition to these limitations, the employer must comply with the relevant personal data regulations when carrying out background checks, in particular, the use of social media. The employer may have a legal basis to review publicly available information about a candidate on social media, in order to be able to assess specific risks regarding the candidate for a particular function, but only if it is necessary for the job and the candidate is correctly informed (for example, in the text of the job advert).
Restrictions on Application/Interview Questions
To find the right candidate for the vacant position, the employer needs relevant information about the applicants. Furthermore, the employer may need documentation to verify information provided by the candidate. In order to protect the candidates as the weaker party in the hiring process, there are legal restrictions on what information the employer may request. These restrictions are set out in various laws and regulations.
Generally, the employer may not request a certificate of good conduct. An exception applies only where legislation governing the specific position or profession requires such a certificate. Furthermore, information about whether the candidate has a clean record is considered sensitive personal data. The processing of such data is strictly regulated, and the Norwegian Data Protection Authority has stated that employers are generally not permitted to obtain such information.
The employer can only obtain a credit report if the position is high ranked and involves great economic responsibility. In addition, credit reports may only be obtained for candidates who have reached the final stages of the recruitment process.
Information related to a candidate’s health may only be requested insofar as the duties of the position impose special health requirements. For example, the employer may ask if the candidate can complete heavy lifts if this is a relevant task in the job, and the employer may ask whether the candidate suffers from any illnesses that would be particularly incompatible with the position at hand. However, it is prohibited to ask general questions about the risk of future health problems. Employers are also not permitted to obtain such information from third parties. Medical checkups of any kind can only be obtained when provided by law or regulations, for posts involving particularly high risks or when the employer finds it necessary in order to protect the employee’s life or health.
When the employer conducts an interview with the candidate, the employer is also prohibited from requesting information about sexual orientation, their views on political issues or membership in trade unions.
