9 Recognition of overseas education – regulations and challenges

The ambition for a greater proportion of Norwegian students to have a learning period abroad raises a number of different challenges for the higher education sector related to the recognition of overseas education and vocational qualifications.

9.1 Recognition of higher education and vocational qualifications taken abroad

The Norwegian system for recognising higher education and qualifications from abroad is organised according to the purpose of the recognition, in line with the principles of the Lisbon Recognition Convention. If the purpose is recognition of higher education in connection with occupations that are not regulated, it is the Norwegian Agency for Quality Assurance in Education (NOKUT) that assesses the education (general approval). If the purpose is recognition to obtain a Norwegian degree or admission for further study in Norway, the university or university college in question assesses the individual application (so-called “specific academic recognition”). If the purpose is authorisation or recognition of a foreign professional qualification in order to be allowed to practise a regulated profession in Norway, it is the relevant recognition authority that will process the application (recognition of professional qualifications). These recognition systems are administered by different sector ministries.

Assessments in connection with recognising foreign higher education qualifications must be based on the provisions of the Universities and University Colleges Act and the Convention on the Recognition of Qualifications concerning Higher Education in the European Region (Lisbon Recognition Convention).

9.1.1 Recognition of higher education

The provisions of sections 3-4 and 3-5 of the Universities and University Colleges Act are intended to ensure that individuals who complete education at different Norwegian institutions and across national borders can receive recognition for the education they have taken. Recognition of education is relevant when the individual wants to study at another university or university college (section 3-5), or, for example, wants to work in an unregulated profession in Norway (section 3-4).1

Individuals who have taken education abroad, and who wish to use this expertise in occupations that are not regulated in Norway can apply to the Norwegian Agency for Quality Assurance in Education (NOKUT) for general recognition of their education.2 In connection with student mobility, it is primarily specific (academic) recognition and recognition of professional qualifications that are used, so general recognition will not be discussed in further detail in this white paper.

Students who take part of their Norwegian education abroad, or individuals who have taken a foreign higher education qualification, and who wish to continue their studies in Norway or to have a completed education assessed for recognition as academically equivalent to an education in Norway, need an assessment of the academic content of their education compared with a specific accredited Norwegian higher education (cf. section 3-5, third paragraph, of the Universities and University Colleges Act). Specific recognition thus differs from general recognition in that it provides information about the extent to which a particular qualification conferred by a foreign educational institution corresponds to all or parts of a particular study programme at a particular university or university college in Norway in terms of academic content and level.3

The exemption provision in section 3-5, second paragraph, is a so-called may provision, meaning there is no obligation for the institution to grant an exemption. The institution may recognise the foreign higher education as part of its own studies. Recognition requires an academic assessment of whether the student has achieved a specific academic level, i.e. learning outcomes equivalent to those set for the relevant courses at the specific institution. This kind of recognition means that the student will be granted ECTS credits corresponding to this academic level. The institution is thus free to decide whether exemption should be granted for foreign education on the basis of its own academic assessment. However, for education taken in countries that have signed and ratified the Lisbon Recognition Convention4, the principles of the Convention must also be applied. The Lisbon Recognition Convention has been signed and ratified by the member states of the Council of Europe and UNESCO’s European Region; it is also possible for countries outside these areas to join the Convention.5

The purpose of the Lisbon Recognition Convention is to facilitate greater academic mobility between countries and develop common solutions to practical problems with regard to recognition of higher education qualifications. The basic principle of the Convention is that the competent authorities in one country must recognise the educational qualifications issued by another Convention Party as equivalent to their own educational qualifications unless substantial differences can be demonstrated between the qualifications. When a country recognises a completed programme of education from another Convention Party, it must also grant the student in question access to continue studying on equal terms with the nation’s own candidates. Recognition also entails that the student is entitled to use the academic title the recognised qualification confers (as applicable) in accordance with the laws and regulations applicable in the country in which the education has been recognised.6

The provisions of the Universities and University Colleges Act will be discussed in more detail under the review of the applicable law in chapter 31 of Official Norwegian Report NOU 2020: 3 New Act relating to universities and university colleges.7

9.1.2 Recognition of professional qualifications

People who wish to practise a profession regulated by law in Norway will need to have their professional qualifications recognised. Regulated professions differ from non-regulated professions in that the competent authorities have regulated specific qualification requirements for the right to use the professional title and/or practise the profession. The number of regulated professions varies from country to country, and in Norway most are within the health sector. A total of 29 categories of health personnel have a protected title, and these are listed in section 48, first paragraph, of the Norwegian Health Personnel Act. Authorisation or a licence is required to use these titles.8

The scheme for recognition of professional qualifications (authorisation) within the EEA is different from, and must be kept separate from, the scheme for recognition of foreign higher education. Neither general recognition nor specific recognition of foreign education qualifications automatically entitles the individual to practise a profession regulated by law. Directive 2005/36/EC on the recognition of professional qualifications (the Professional Qualifications Directive) has been implemented in Norwegian law in the Professional Qualifications Act9 for all professions except for health personnel and animal health professionals. For these professions, the Directive is implemented in the Regulations relating to the Health Personnel Act10 and the Animal Health Personnel Act.11

9.2 International work

9.2.1 UNESCO’s Global Convention

The UNESCO Global Convention on the Recognition of Qualifications concerning Higher Education was adopted on 14 November 2019. The Convention is intended to bridge the gap between UNESCO’s various regional recognition conventions, including the Lisbon Recognition Convention.

Norway has been a very active contributor in the development of the Convention, both financially and in terms of content. Norway was the first country globally to ratify the Convention in June 2020.

9.2.2 European and Global Qualifications Passports for Refugees

In 2017, following an idea from the Norwegian Agency for Quality Assurance in Education (NOKUT), which had tested a system of Qualifications Passports in Norway in 2016, the Council of Europe initiated a pilot project to develop a European Qualifications Passport for refugees. The project is rooted in Article VII of the Lisbon Recognition Convention, which states that countries should facilitate refugees and vulnerable migrants to have their qualifications assessed even if they cannot be documented. In addition to Norway, Greece, Italy and Belgium have also participated actively in the development and have contributed financially. The project has been very successful. Based on the good experience of the Council of Europe’s project, in 2018 Norway proposed that UNESCO should investigate the possibility of developing a global qualifications passport. A pilot project was conducted in Zambia in autumn 2019, and on 13 November 2019 the first eleven Global Qualifications Passports were signed in Paris. UNESCO’s pilot project was carried out with funding from the Norwegian Ministry of Education and Research and has proven so successful that it has now been continued as an ordinary project in UNESCO with funding from other donors as well.

9.2.3 The work on automatic mutual recognition of qualifications

In 2018, the Norwegian Agency for Quality Assurance in Education (NOKUT) established a scheme for voluntary automatic recognition of qualifications from the Nordic region. The scheme applies to selected new qualifications at the bachelor’s, master’s and PhD levels.12 In 2019, the scheme was expanded to include qualifications from Poland and Lithuania, and NOKUT is working on expanding the scheme to include even more countries. NOKUT’s automatic recognition comprises standardised statements from NOKUT about what a foreign qualification corresponds to in the Norwegian education system, based on assessments NOKUT has made about a qualification from a country in a specific era. This process does not involve processing an application, and no individual decision is issued. It is an optional alternative to the normal procedure, which is that an individual applies for recognition of their qualifications (i.e. their application is processed individually). One advantage of automatic recognition is that an applicant will be able to receive a document showing what the applicant’s qualification corresponds to in the Norwegian system with just a few clicks, as opposed to having to wait for an individual application to be processed. The statement can be downloaded, as an optional alternative to applying for general recognition from NOKUT in the ordinary manner.

European countries have been working for a long time to harmonise their education systems, with a view to making it easier for people to take their qualifications with them across national borders. In 2015, education ministers from all 48 countries participating in the Bologna Process together with the European Commission adopted a common goal of automatic recognition of comparable qualifications in the European higher education area by 2020.

On 22 May 201813, the European Commission therefore published a Council Recommendation on automatic mutual recognition. The goal is that all upper secondary pupils and students will be able to have a learning period in another EU country automatically approved without having to undergo special approval procedures. According to the Council Recommendation, the member states have certain obligations they must fulfil in order for automatic approval to be possible.

The Council Recommendation is based on ongoing processes that Norway and the Norwegian Agency for Quality Assurance in Education (NOKUT) participate in through the ENIC-NARIC Network14, the Bologna Process and the work on developing the Lisbon Recognition Convention. Norway already meets most of the obligations within higher education. Norway has also established national guidelines for the recognition of foreign upper secondary qualifications for admission to higher education, and Norway already approves qualifications from EU countries that meet the criteria.

9.3 Challenges

Many students point out that one of the main obstacles to studying abroad is that they are unsure whether the education they take abroad will be recognised at home. The individual higher education institutions are responsible for the academic assessment in connection with specific academic recognition of foreign education qualifications, and they have great autonomy to grant exemption from certain courses, even if they are bound by regulations and conventions. It is important that the institutions create a flexible practice for the recognition of subjects as part of Norwegian education qualifications. There is much evidence to suggest that some institutions and academic environments adopt an unnecessarily strict interpretation when assessing qualifications from foreign educational institutions (cf. the Lisbon Recognition Convention’s requirement that a foreign education qualification must be recognised as long as there are no “substantial differences” between the foreign and national education qualification).

Although this requirement initially applies only between the Convention Parties (that is, the states that have ratified the Convention), the higher education institutions ought to consider whether it might be appropriate to allow the guidelines laid down in the Convention to also apply to non-Convention Parties, such as the USA, which have not ratified the Convention.15

Some Norwegian students who have taken their entire education abroad have experienced difficulty having their professional qualifications recognised or being granted authorisation on their return to Norway after studying abroad. This may be because the student has misunderstood or has not been sufficiently informed about what the overseas education will qualify them for. In particular, there have been problems linked to health and medical education taken in countries outside the EEA, and in many cases it is necessary to take complementary education and practical training in Norway in order to meet the requirements for authorisation and thus be able to practise the profession in Norway.

On commission from the Ministry of Education and Research, the Norwegian Agency for Quality Assurance in Education (NOKUT) has recently mapped the recognition bodies for regulated professions.16 NOKUT has found, among other things, that there are differences in the way the regulations are implemented and differences in practices between the individual recognition authorities. NOKUT concludes that there are no grounds for combining all the recognition bodies in a single common technical solution, or for NOKUT to assess the applicants’ education as the first step in the process in all the recognition systems. Instead, NOKUT recommends that recognition bodies which only assess a few applications be integrated under a common recognition authority, and that a common technical solution be developed for these bodies.

In order to increase the predictability for people considering studying abroad, NOKUT proposes in its report that systems for preliminary pre-approval be established for selected countries or institutions. In particular, NOKUT recommends that the Government should consider initiating a pilot project for preliminary pre-approval for the bodies under the Directorate of Health. NOKUT also recommends that a review be conducted of how professions are regulated and which professions are regulated.

It is important that students who take education abroad encounter as predictable a process as possible. With regard to education that leads to professions in health care, it is essential to ensure that patient safety and quality of health and care services are maintained. The education and profession in the country of education or in Norway may change during the course of a study period. If the changes are significant, it will not be possible to grant authorisation pursuant to the Health Personnel Act. The reason for this is that the authorisation system is intended to ensure that health professionals have the qualifications necessary for the relevant profession in Norway. Other measures, such as availability of information on which requirements are afforded the greatest weight in connection with recognition of professional qualifications from abroad, will lead to greater predictability for students and can be implemented without the need for extensive changes to the regulations or the system for recognition of professional qualifications (authorisation).

In this context, it is stressed that there is a difference between students who take their full education or a full degree abroad and those who study abroad as part of a Norwegian education or degree. People who take Norwegian education are automatically authorised as health professionals, even if part of their education was taken abroad, assuming the part taken overseas is approved by the Norwegian higher education institution.

A process has been initiated to look into how responsibility for parts of the process of recognition of professional qualifications (authorisation) can be coordinated, although the respective recognition authorities will still be responsible for the final academic assessment of whether an individual applicant is qualified to be able to practise a profession regulated by law in Norway. One possibility is to centralise responsibility for assessing aspects such as the authenticity of an applicant’s qualifications and their level pursuant to the Professional Qualifications Directive in a single body. This could enable good, efficient processing.

It should also be considered whether a technical solution should be developed that allows the recognition authorities to carry out automated and manual checks on reception of applications, to create searchable overviews of decisions in similar cases, etc. Processing can be streamlined through greater use of digital tools and data sharing.

9.4 Conclusions and measures

• The Government holds that although the regulations for recognition of higher education from other countries are clear and easy to apply, the regulations are not always practised in accordance with the intentions behind the regulations or the wording of the legal provisions. In connection with the work on a new Universities and University Colleges Act, the Government will therefore emphasise Norway’s commitments under the Lisbon Recognition Convention in terms of recognition of foreign education qualifications, and will consider amending the relevant provision in the Universities and University Colleges Act to ensure that the principle of the Convention that foreign education shall be approved unless there are “substantial differences” is enshrined in Norwegian law. This will clarify the legislation and the rules that the institutions must follow when assessing whether higher education qualifications from another country can be approved and recognised.

• The Government stresses the importance of transparency and collaboration in the sector in respect of recognition of foreign education qualifications, and the goal that this will lead to more equal treatment of applications for recognition and an increase in competencies in this area in the higher education sector.

• The Government will ensure that better information about recognition of foreign education qualifications is provided via the websites of the Norwegian Agency for Quality Assurance in Education (NOKUT), Altinn and the Directorate of Health. This applies to information about both recognition of foreign education and information about recognition of professional qualifications (authorisation).

• The Government encourages the higher education institutions to base their assessments of foreign education on the principles of the Lisbon Recognition Convention, also when assessing education from countries that have not signed and ratified the Convention.

• The Government will investigate the possibility of further simplifying the system for recognition of professional qualifications for professions with few applications.

• The Government will initiate a pilot project to provide students with greater predictability in terms of information about the requirements that the Directorate of Health attaches greatest importance to when recognising professional qualifications from abroad.

• The Government will also look into how professions are regulated, which professions are currently regulated, and which professions ought to continue to be regulated. This is also an element in the implementation of the obligations that ensue from the Professional Qualifications Directive.

• The Government will consider how Norway can best contribute to the global implementation of the UNESCO Global Convention on the Recognition of Qualifications concerning Higher Education.

• In 2021, the Government will continue its support of the Council of Europe’s European Qualifications Passports for Refugees and UNESCO’s Global Qualifications Passports for Refugees.