A lawyer should normally be allowed to attend when police present a person obliged to return to their home-country authorities. The Ministry of Justice and Public Security established the practice on 12 October 2026. Permission to bring a lawyer does not automatically include legal aid.

Which meetings does the instruction cover?

The instruction covers compulsory meetings before the return journey, where home-country authorities clarify identity and issue travel documents. It does not cover an ordinary appointment to renew a residence card.

The meeting may be at a diplomatic mission, with a visiting delegation or by video. The ministry’s instruction GI-06/2026⁠ sets out practice while authorities work on clearer rules.

The ministry describes situations where protection needs have already been assessed and the case has concluded. According to the instruction’s account, people still seeking asylum must not be presented in this way.

SamfunnPrep provides background on legal assistance in residence cases.

Can you bring a lawyer or representative?

Police must normally give you the opportunity to bring a lawyer or another representative if you wish. Very exceptional circumstances may justify an exception.

Under section 9 of the instruction⁠, attendance may be by screen. The lawyer should generally observe rather than take part in the conversation with the home-country authorities.

In practice, the guidance includes:

  • Police should generally follow the conversation.
  • You should normally be able to bring a lawyer or representative.
  • At short notice, adapted arrangements may limit whom you can choose yourself.
  • An interpreter must be offered when needed for the lawyer to follow the conversation.

Special circumstances may require the lawyer and interpreter to follow from another room or by screen. The instruction therefore gives no unconditional right to a particular meeting format.

Who pays for the lawyer?

You must generally pay the lawyer yourself for this meeting. There is no separate automatic legal aid scheme for this kind of presentation.

A specifically justified application may be considered by statsforvalteren, the County Governor, under the ordinary discretionary rules. This is separate from rules on appointed lawyers in detention and assistance in the asylum case itself.

Read about legal aid conditions before arranging help. Agree with the lawyer which task the arrangement covers and how it will be paid.

As of 18 October 2026, this instruction sets out current practice while new rules are considered. It is not a general extension of free legal assistance to all immigration cases.