Penalty for illegal use of au pairs etc.

Justices: Matningsdal, Indreberg, Matheson, Noer, Lindsetmo

The penalty for violation of section 166 of the 1902 Penal Code and section 108 subsection 4 (a) of the Immigration Act was 75 days of imprisonment for each person of a married couple. The case concerned employment and exploitation of four Philippian women with residence permits as au pairs. The married couple had given false information to the immigration authorities in connection with the au pairs' applications for residence in Norway. Among other things, they did not say that the family – contrary to the rules – was to have more than one au pair at a time. Nor did they say that the au pairs were to work more hours than allowed. This was considered incorrect information within the meaning of the law. The offence was deemed covered by section 166 of the Penal Code, while it was also covered by section 108 of the Immigration Act. The couple was also convicted of having arranged the women's illegal residence and of illegally having made use of their labour. A befriended couple was sentenced to a suspended term of 18 and 30 days, respectively, one of them for violation of section 166 of the Penal Code and section 108 subsection 4 of the Immigration Act and the other one for section 166 of the Penal Code. This couple had given incorrect information to the immigration authorities that two of the au pairs were to stay at their house, which enabled the other family to have more than one au pair at the same time. The fine was stipulated based on the extra costs of hiring domestic help compared to what the couple had saved by instead hiring the Philippian women.