(THIS ARTICLE IS MACHINE TRANSLATED by Google from Norwegian)
The vast majority of refugees who come to Norway and who are granted asylum come from countries that prohibit same-sex marriage. In some countries, homosexuality is also at risk of death. Norway is using other countries' discriminatory legislation in the face of strange refugees, and does not want to change this – despite the fact that through our own legislation we have undertaken not to discriminate either directly or indirectly.
Family reunification requires the establishment of family life before the flight to Norway. Thus, one should either be legally married, be able to document cohabitation for at least two years, or have children together to satisfy the requirements for family reunification. Separate refugees therefore have no real right to family reunification with their partners. The fact that they did not have equal rights as heterosexuals in the country they fled from, means that they also do not receive equal rights in Norway.
The practice goes completely beyond the development we have had otherwise with regard to divorced couple's rights in Norway in recent years: We have been given a new marriage law, and the church meeting adopted in our a gender-neutral liturgy. Politically, few are against this, and Norway has undoubtedly come much further than a number of other countries in the world – countries where refugees come from.
A real problem. It may seem like there is an assumption that divorced people do not want family reunification or family life. This assumption is problematic and builds on stereotypical notions of slice, with an underlying message that they do not have the same needs as other people.
The Ministry of Justice considers this a theoretical problem only, because they have received only one application for family reunification from a same-sex couple. That the regulations do not allow for people to apply, they apparently do not devote much reflection. The logic is as follows: We do not allow such applications, therefore they do not apply, so the problem is solved.
Those of us who have worked closely with Skeptic refugees know very well that this discrimination has already hit many people and that it will continue to prevent family life for the future Skeptic refugees coming to the country – whether they are hand-picked by Norway or come on their own. What is regarded as a theoretical issue for the authorities, is the disparate refugees that bear the consequence.
Bad logic. So what can divorced refugees do if they want to unite with their partners? If you have constantly had to destroy everything that can be interpreted as proof of their slavery before they came to Norway?
They can apply family establishment. Although the distinction between family reunion and family establishment may sound technical, it does make significant differences. The former does not impose requirements on income and work. In order to be granted a family establishment, however, you have to wait at least four years, and during this period have obtained a permanent, skilled job – as the Government has now raised the income requirement so that it is no longer enough to work full time as unskilled.
Both the UNE and the Ministry of Justice are afraid to make exceptions to the requirement of legal marriage for divorced couples, because they will not discriminate against heterosexual couples. Taste it. Their logic continues, all to unlock the door for quirky family reunion.
We need to be better. In 2014, the Sexual Discrimination Act came into force orientering in force. It states that both direct and indirect discrimination on the basis of sexual orientering, gender identity or gender expression is prohibited. Nevertheless, Norway chooses to discriminate by not giving queer refugees equal access to family reunification.
Not only is it very problematic on a principled level to base other countries' discriminatory laws on their own – it has real consequences for disgraced refugees. In addition, we signal that it is perfectly okay to continue the discrimination many people thought they had left behind when they set foot on Norwegian soil.
Bahar is Assistant Secretary General of Skeiv Verden, and new permanent commentator at Ny Tid. nina@skeivverden.no
