Since this summer, TV 2 has followed Chinese Lan Zheng, who was unable to renew her expired visa due to strict corona restrictions in her home country.

The Norwegian authorities believed they could do nothing to help her, due to an almost invariable rule that one must apply for a residence permit from their home country before the validity expires. For months, Lan has had the threat of eviction hanging over him.

But at Christmas came the discouraging message from UDI – the Norwegian married mother of twins is no longer allowed to stay in Norway. She was given 30 days to leave the country.

NORWEGIAN TWINS: Lukas and Frida are seven weeks old. Photo: Geir Johnny Huneide / TV 2

Since the last time, the tiny family has managed to double in size. In November, the twins of Lan and her husband Christopher Høvik (28) were born.

Facts: Expulsion

As a foreign citizen, you can be deported from Norway. Deportation means that you are refused entry to Norway, or that you must leave the country.

An expulsion is only a temporary ban. You can come back to Norway later.

An example: You are turned away when you enter Norway because you do not have a valid passport with you. If you later return with a valid passport, the fact that you were deported last time will not prevent you from entering Norway.

Source: UDI

Mette and Gode are just on their way to dreamland, as we enter the family’s apartment at Sandsli outside Bergen.

– This is Lukas, says Lan proudly as she introduces the little one in blue.

Above him hangs a disturbance with music in it. At his side lies his sister dressed in pink. Her name is Frida. The two have been given Norwegian names.

– They are not as calm at night, Christopher laughs in from the side.

The twins are still completely dependent on their mother, but have not yet received their own passports. Her husband Christopher Høvik (28) has also not had his passport renewed.

Also, he can’t leave his job as a janitor. In order for Lan to be able to apply for family reunification from China, she must show her husband’s income in Norway.

According to UDI, the processing time for applications for family reunification from China is a minimum of 4 months.

Infection boom after reopening

The decision on expulsion came at the same time as reports of unprecedented infection records in China.

The soaring infection pressure is due to the country’s authorities suddenly opening society up again, after pursuing a so-called “zero infection policy” throughout the three years of the pandemic.

CHAOS: There are reports of overcrowded hospitals and hundreds of thousands of corona infected in Lan's hometown, Shanghai.  Photo: STAFF

CHAOS: There are reports of overcrowded hospitals and hundreds of thousands of corona infected in Lan’s hometown, Shanghai. Photo: STAFF

Among other things, this has led to the EU and a number of other countries introducing strict travel restrictions for travelers from China, in an attempt to prevent the explosive infection from spreading to the rest of the world.

The Norwegian government encourages all Norwegian citizens to make thorough assessments of their own safety and the need to travel. They justify this with few flights to and from the country and a strained healthcare system.

– Shut up!

One of those who have followed the case to TV 2 closely, is Liberal deputy leader and parliamentary representative Abid Raja. He says Lan Zheng is unfortunately far from the only mother of small children who is expelled, and that the system is far too concerned with technicalities.

– It’s a bit of a mess, he exclaims when we meet him in the walking hall at the Storting.

REQUIRES A NEW ASSESSMENT: Abid Raja, deputy leader of the Liberal Party and parliamentary representative in the walking hall.  Photo: Martin Berg Isaksen / TV 2

REQUIRES A NEW ASSESSMENT: Abid Raja, deputy leader of the Liberal Party and parliamentary representative in the walking hall. Photo: Martin Berg Isaksen / TV 2

Raja elaborates, – When the children have a Norwegian father, they have a right to be in Norway. Lan also has a claim to family reunification, so she will get that. Nobody benefits from them having to leave the country, only to come back again in four to six months.

Raja is not alone in thinking that an expulsion of Lan will be unnecessary.

QUALIFIED CHILDREN'S EDUCATOR: Hege Bae Nyholt, parliamentary representative for Rødt Photo: Martin Berg Isaksen / TV 2

QUALIFIED CHILDREN’S EDUCATOR: Hege Bae Nyholt, parliamentary representative for Rødt Photo: Martin Berg Isaksen / TV 2

Storting representative for Rødt, Hege Bae Nyholt, believes the case shows major weaknesses in the system. She reminds that the Norwegian authorities are obliged to also follow the UN Convention on the Rights of the Child when they consider cases like this.

– I think most people in Norway would agree that this is a rather crazy and reprehensible development in the case. We need a more solidary policy, she says.

New response from UDI gives hope for a solution

Since TV 2 first mentioned the case, UDI has believed that the system does not allow applications for family reunification from Norway. But after they asked Lan to leave the country within 30 days, they made contact again.

When asked by us about what Lan can do next, UDI replies that an application from Norway will be processed and given priority, due to the special nature of the case.

“Lan can apply for family reunification, in addition to which she can appeal the decision on expulsion. Out of consideration for the best interests of the children, it is likely that if Lan applies for family reunification from Norway, the application will be considered. The special nature of the case means that UDI will prioritize such an application, and we will also contact you to guide you on family applications. In any case, we encourage Lan to appeal the decision on expulsion within the appeal deadline and to apply for deferred implementation of the decision.”
– Dag Bærvahr, head of control, UDI

Associate attorney at Preto Askevold & Fehr, Ingvill Gjerstad is assisting Lan in the case. Through her, Lan has now both postponed the deadline for departure to 15 February, and sent an application for family reunification.

Facts: Section 56 of the Immigration Act

Application for a residence permit

A first-time residence permit must be granted before entering the country.

The provision in the first paragraph does not imply any restriction on the right to seek asylum, cf. Section 28or to invoke protection against deportation, cf. Section 73.

The immigration authorities can in individual cases make exceptions to the condition in the first paragraph when strong reasons of reasonableness so require.

  • If a residence permit is applied for §§ 40 or 41and the marriage has been entered into or the cohabitation relationship has been established abroad after the reference person, cf. Section 39has first been resident in Norway, a residence permit cannot be granted until the reference person has returned to Norway and has been interviewed by the immigration authorities, unless
  • a. the case concerns an application after Section 40and the reference person was interviewed on the occasion of the case before the marriage was entered into, orb. the applicant has the right to enter without a visa.
  • The King can establish exceptions to the first and fourth paragraphs of the regulations. The King may also make further provisions in regulations on the procedure for submitting an application for a residence permit and on the conduct of interviews as mentioned in the fourth paragraph.
  • When the applicant does not meet the conditions for applying from the Kingdom, the application is rejected on this basis. The same applies when the applicant does not meet the conditions for entering the country before permission has been granted.

Source: Legal data

WORKING FOR LAN TO GET TO BE: Ingvill Gjerstad, associate attorney at Preto, Askevold & Fehr Photo: Geir Johnny Huneide / TV 2

WORKING FOR LAN TO GET TO BE: Ingvill Gjerstad, associate attorney at Preto, Askevold & Fehr Photo: Geir Johnny Huneide / TV 2

Gjerstad says it is gratifying that UDI is allowing exceptions to the regulations, but clarifies that there is still great uncertainty attached to the case.

– I do not want to say that the matter has been resolved yet. It is not a given that Lan will have the application approved. Besides, she still has this departure deadline hanging over her, she explains.

DESPAIR: Lan fears she will have to travel alone with the twins to China.  Photo: Geir Johnny Huneide / TV 2

DESPAIR: Lan fears she will have to travel alone with the twins to China. Photo: Geir Johnny Huneide / TV 2

Back at Sandsli, everyday life goes on as usual for Lan, Christopher, Lukas and Frida. They live on in the hope of a future together in Norway.

Whether Lan will have to board the flight to Shanghai on February 15 remains to be seen.

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