A preliminary notice of expulsion and entry ban is not a decision. It means that UDI (Norwegian Directorate of Immigration) is considering your case and must hear you first. You have the right to respond, and in most cases you have the right to free legal aid.
Part of the main guide "Permanent residence permit".
A preliminary notice of expulsion is not a decision
A preliminary notice means that UDI or the police are considering expelling you. Nothing is decided yet. The letter must state what they believe you have done, which paragraph in the Immigration Act they are using, whether you can be registered in the Schengen Information System, and what deadline you have to respond.
Your response is called a response to notice. The Immigration Act has no fixed deadline for a response to notice. The deadline is stated in the letter. UDI's own guidelines UDI 2010-005 state that the deadline should not be shorter than you have a real opportunity to understand the case and consult with a lawyer, and points to up to two weeks when you have ties to Norway.
If you miss the deadline, send your response anyway. UDI must consider everything that has been submitted before the decision is written.
The most common grounds are residence after your permit expired, working without the right permit, and providing false information to UDI. Check the deadlines for renewing your residence permit and the rules for working before your residence permit is approved.
Who is entitled to free legal aid in expulsion cases?
In cases of expulsion for breach of the Immigration Act, you are entitled to free legal aid without a means test. This means a free lawyer regardless of how much you earn. The right is in Immigration Act § 92 first paragraph and also applies to deportation and revocation of a permit.
However, the right does not apply to everyone. The table shows who has it as of 26 July 2026.
| Grounds for expulsion | Free legal aid without means test |
|---|---|
| Breach of the Immigration Act, such as residence after departure deadline or working without a permit | Yes, if you have not been convicted for the breach |
| Revocation of residence permit or residence document | Yes |
| Conviction, and you have a minor child in Norway | Yes, from 1 January 2025 |
| Conviction, without a child in Norway | No |
| EEA national expelled under Immigration Act § 122 | No |
This decides many cases. Of 5,002 expulsion decisions in 2025, 4,125 concerned breach of the Immigration Act, that is 82 percent. The vast majority of these are entitled to free legal aid. The exception is cases where you have been convicted for the breach itself, cf. Immigration Act § 66 first paragraph letter c — then you must have minor children in Norway to receive free legal aid without a means test. 500 decisions concerned EEA regulations and 368 concerned convictions.
The rule about children is new. Immigration Regulation § 17-18 a entered into force 1 January 2025. It provides free legal aid without a means test also when expulsion is based on conviction, if you have minor children resident in Norway who are Norwegian citizens or have a residence permit or residence right.
If you do not have this right, you can apply for a means-tested free legal aid. From 15 October 2025, your ability to pay will be assessed instead of fixed income limits.
As a general rule, you can choose a lawyer yourself. Tell the police or UDI that you want to use the right to free legal aid, and provide the name of your lawyer. The lawyer will bill the state, not you. SamfunnPrep explains the rules, but cannot provide legal advice in individual cases.
How to write your response to notice
The response to notice should explain why expulsion would be disproportionate for you. Write briefly and clearly, and attach copies of documents.
- Family: name and date of birth of children and spouse, and whether they are Norwegian citizens or have a residence permit.
- Care: how much you live with the children or have contact, and what happens to them if you must leave.
- Ties: how long you have lived in Norway, work, school, and Norwegian language training.
- Facts: correct any errors in UDI's description, and explain misunderstandings or incorrect advice you have received.
- Home country: why family life cannot continue there, for example risk of serious abuse to a family member or extraordinary humanitarian circumstances. The threshold is high.
Proportionality under § 70 decides the case
Even if the grounds for expulsion are met, you cannot be expelled if it is a disproportionate measure. Immigration Act § 70 requires that the seriousness of the matter be weighed against your ties to Norway. In cases affecting children, the best interests of the child shall be a fundamental consideration.
From 20 January 2025, Immigration Regulation § 14-1a applies. In expulsion for breach of the Immigration Act, it shall as a general rule be considered disproportionate to expel you when three things are true: you are a parent of a minor child in Norway with whom you exercise family life, the child is a Norwegian citizen or has a residence permit or residence right, and family life cannot continue in your home country.
In such cases, UDI shall as a general rule use extended waiting time instead of expulsion. Extended waiting time means you must wait longer than usual before you can get a permanent residence permit, up to three years extra. You retain your residence in Norway.
Exceptions exist. UDI can still expel you if you would probably not have received a residence permit anyway, or if the breach was particularly serious, for example a serious attempt to abuse the asylum system.
How long does the entry ban last?
The entry ban is for one year, two years, five years, ten years, or permanently. For EEA nationals, two years is the shortest. The letter from UDI states whether the ban applies only to Norway or to the entire Schengen area.
| Who | Possible lengths |
|---|---|
| Citizen outside EU/EEA | 1, 2, 5 or 10 years, or permanently |
| EEA national | 2, 5 or 10 years, or permanently |
| Shortest ban the law allows | One year, cf. Immigration Act § 71 |
One detail many overlook: the ban begins to run from the day you actually leave, not the day the decision was written (Immigration Act § 71 third paragraph). Staying does not shorten the ban.
If the ban applies to all of Schengen, you are normally registered in SIS (Schengen Information System). Then you will be stopped at border control in all Schengen countries.
The decision also sets a departure deadline, normally between 7 and 30 days. If you need more time, you must ask the police for a postponement before the deadline expires. When the decision is final, all valid residence permits fall away, including permanent residence permits (Immigration Act § 71 first paragraph). There are also other ways to lose a permanent residence permit.
The appeal deadline to UNE is three weeks
The appeal deadline is three weeks from when you received the decision. The Immigration Act has no separate deadline, so the Administration Act § 29 applies. The appeal is sent to UDI, which either changes the decision itself or forwards the case to UNE (Immigration Appeals Board).
It is worth appealing. UNE handled 718 expulsion cases in 2025 and changed the decision in 18 percent of them. At the same time, request a postponement of implementation of the decision, so that you can remain in Norway while your appeal is being processed. The procedure is the same as elsewhere when you appeal to UNE following a rejection from UDI.
Can the entry ban be revoked?
Yes. You can apply for revocation after you have left. EEA nationals can normally apply after one year, others after two years.
The application is submitted from abroad, on a separate form, at the same time as the application for a visa or residence permit. The embassy sends both to UDI. UDI processes the revocation first. If it is rejected, the other application is also automatically rejected.
Immigration Act § 71 fourth paragraph states that the ban can be revoked "if new circumstances warrant it". It is not enough to repeat what you wrote in your appeal. You must point to something that is new since the decision.
The rules on residence, appeal deadlines, and the best interests of the child are also part of the curriculum for the Norwegian Civics Test, and you can practise them on SamfunnPrep. Ready to practise? Try SamfunnPrep for free.
