International protection for spouse of a refugee

A spouse of a refugee in Iceland is entitled to international protection through family reunification unless there are special reasons to the contrary.

The right applies to both married couples, referred to as marital spouses, and cohabiting partners, referred to as cohabiting spouses.

Conditions for international protection for a refugee's marital spouse

• The couple got married before the refugee applied for international protection in Iceland.
• Both marital spouses had turned 18 years old when they got married.
• Both marital spouses attended the wedding.
  
  

Conditions for international protection for a refugee's cohabiting spouse

• Cohabitation began after both individuals had turned 18 years old.
• Cohabitation had lasted at least one year before the parties became separated.
  
  

Individual granted international protection as a refugee's spouse, receive the same rights and obligations as the refugee they are reunited with in Iceland. The spouse is defined as a refugee, according to Icelandic law and international agreements, and can therefore not travel back home without the risk of the international protection and residence permit in Iceland being revoked.

Alternatively, a spouse of a refugee may apply for a general residence permit based on family reunification without international protection.

Rights

Application

Renewal

Special requirements

Travels to home country can lead to revocation of refugee status

Marriage or cohabitation of convenience

Consent of both married parties

Violence and abuse

Death of spouse

End of marriage or cohabitation

Rights

• A residence permit based on international protection as a refugee's spouse is generally granted for four years at a time and is renewable.
• The residence permit can be the basis for a permanent residence permit.
• The residence permit entails the right to work in Iceland without a work permit.
• The residence permit grants the right to family reunification for:
  
  • The applicant's children, under the age of 18, if the applicant has custody of them.
  • The applicant's parents, 67 years and older.
• An individual who enjoys international protection may be entitled to Icelandic citizenship after five years of continuous residence in Iceland.
  
  

Application

Applications can only be submitted in paper form, either by regular mail to the Directorate of Immigration or delivered to the drop box in the Directorate’s lobby in Dalvegur 18, 201 Kópavogur. Applications can also be submitted at the offices of District Commissioners outside the capital area.

It is the applicant’s responsibility to submit satisfactory documents with the application. Failure to submit satisfactory documents may result in delays of the procedure or in the application being rejected.

Documents that all applicants must submit:

1. Application for residence permit and international protection.
   
   • In original format, carefully filled out and signed by the applicant.
2. Passport photo (35mm x 45mm).
3. Photocopy of passport.
   • Photocopies of following information: personal information page, period of validity, signature sample, visas, and entry stamp, if the applicant has arrived in Iceland. It is important that the copies are clear, in color and that all requested information is included.
   • Please note that if the applicant has two or more citizenships, a photocopy of all passports must be submitted.
4. Criminal record certificate.
   • May be submitted in copy.
   • Must be issued by the highest authority competent to issue such certificates in the applicant's country of residence.
   • May not be older than 12 months when submitted.
   • If the certificate is in another language than English or a Nordic language, an original translation by a certified translator must be provided.
     • If the translator has not been certified in Iceland the original translation must be legally authenticated.
5. Power of attorney.
   • In original format, signed by two witnesses.
   • A power of attorney must only be submitted if the applicant wants someone other than him-/herself to receive information about the processing of the application by the Directorate of Immigration.
   • Please note that a spouse is not automatically an authorized representative.
     
     

Documents that marital spouses must also submit:

• Marriage certificate.
  • May be submitted in authenticated original format or as a confirmed copy of the authenticated original. 
  • If the certificate is in another language than English or a Nordic language, an original translation by a certified translator must be provided.
    • If the translator has not been certified in Iceland the original translation must be legally authenticated.
      
      

Documents that cohabiting spouses must also submit:

• Confirmation of cohabitation.
  • An applicant must submit a confirmation of the cohabitation, for example a rental contract, a joint bank account or other official documents from their home country or the country where the cohabitation took place.
• Marital status certificate, to prove that the applicant is not cohabiting with or married to another.
  • May be submitted in authenticated original format or as a confirmed copy of the authenticated original. 
  • If the certificate is in another language than English or a Nordic language, an original translation by a certified translator must be provided.
    • If the translator has not been certified in Iceland the original translation must be legally authenticated.
      
      

Additional documents that the applicant may be requested to submit:

• Confirmation of relationship with communication.
  • The Directorate of Immigration can request copies of communication between an applicant and spouse, for example text messages on Viber, Facebook, or WhatsApp.
    • It is not necessary to submit a copy of all communication between the spouses, but it should show that they have been in contact through an extended period of time.
    • Screenshots can be taken of the communication and sent to This email address is being protected from spambots. You need JavaScript enabled to view it. or they can be submitted to the Directorate of Immigration as printouts or saved on an USB stick.
• Confirmation of relationship with photos.
  • The Directorate of Immigration can request photos of an applicant and spouse together, for example during celebrations and travels as well as from their everyday lives at different times.
  • Photos can be sent to This email address is being protected from spambots. You need JavaScript enabled to view it. or submitted via USB stick to the Directorate of Immigration.
• A report with information on the following:
  • When and where the applicant and spouse met.
  • When and where the applicant and spouse got married / startes cohabiting.
  • When and where the applicant and spouse decided to marry.
  • Who initiated the marriage.
  • Where the applicant and spouse lived after getting married / starting a cohabitation (city or town and date if possible).
  • Where the applicant lived after becoming separated from his/her spouse (city or town).
  • Whether the applicant lived with relatives, friends or on his/her own.
  • How and how often the applicant and spouse have communicated since they became separated.
  • Why the applicant did not accompany his/her spouse when he/she travelled to Iceland and applied for international protection.
• Information on family relations in Iceland.
  • The applicant may be requested to submit a written confirmation on whether he/she has any relatives in Iceland, other than spouse, and how those family relations are structured. The written confirmation must be received from the applicant.
• Criminal record certificate.
  • If necessary, the applicant may be requested to submit a criminal record certificate in authenticated original format or as a confirmed copy of the authenticated original.
  • It must be issued by the highest authority competent to issue such certificates in the applicant's country of residence.
  • It may not be older than 12 months when submitted.
  • If the certificate is in another language than English or a Nordic language, an original translation by a certified translator must be provided.
    • If the translator has not been certified in Iceland the original translation must be legally authenticated.
      
      

If the applicant meets all the requirements, the residence permit will be granted, and the applicant will be sent a notification of the granting.

The residence permit will not be issued, however, until the applicant has had his picture taken for a residence permit card at the Directorate of Immigration, or at offices of district commissioners outside of the Reykjavík captial area, and undergone medical examination. The applicant should have his picture taken within one (1) week and undergo a medical examination within two (2) weeks from arrival in Iceland.

The Directorate of Immigration will not issue a residence permit if the applicant does not meet the abovementioned requirements. This could lead to illegal stay and expulsion.

Renewal

A residence permit based on international protection as a refugee's spouse is generally granted for four years at a time and is renewable if its requirements are still met.

A renewal of a residence permit must be applied for at least four (4) weeks before the permit’s period of validity expires.

After living four years in Iceland on a residence permit based on international protection you can also apply for a permanent residence permit.

Documents to be submitted

1. Application for residence permit renewal (please download and save on computer before filling out).
   • In original format, carefully filled out and signed by the applicant.
2. Photocopy of passport.
   • Photocopies of following information: personal information page, period of validity, signature sample, visas, and entry stamp, if the applicant has arrived in Iceland. Copies must be clear, in color and included all the necessary information.
   • Please note that if the applicant has two or more citizenships, a photocopy of all passports must be submitted.
     
     

The Directorate of Immigration may request additional documents when necessary.

SPECIAL REQUIREMENTS

Travels to home country can lead to revocation of refugee status

Individuals granted international protection as a refugee's spouse receive the same rights and obligations as the refugee they are reunited with in Iceland. The spouse is defined as a refugee, according to Icelandic law and international agreements, and can therefore not travel back home without the risk of the international protection and residence permit in Iceland being revoked.

International protection is granted on the presumption that it is unsafe for a refugee to return home. Going back would imply that the situation in the country of origin has improved and that the refugee is no longer in need of international protection.

Marriage or cohabitation of convenience

The Directorate of Immigration is authorized to reject an application for a residence permit if the sole purpose of the union is to obtain a residence permit. This is referred to as marriage or cohabitation of convenience.

In the instance of founded suspicion of marriage or cohabitation of convenience, the applicant must prove in a clear manner that such suspicion is unfounded. Marriage or cohabitation of convenience does not grant the right to a residence permit and is punishable according to Article 70 of the Foreign Nationals Act. To examine whether marriage or cohabitation is a union of convenience, the Directorate of Immigration may call in the applicant and the spouse for interviews at the offices of the Directorate of Immigration, according to Article 10, paragraph 4, of the Regulation on Foreigners 540/2017. Rejection of a residence permit based on marriage or cohabitation of convenience is a decision based on an assessment. The Directorate of Immigration makes sure that facts are investigated satisfactorily and that all necessary information is available before a decision is made.

One of the reasons for refusing a residence permit to an applicant in a marriage / cohabitation of convenience is to protect persons vulnerable to coercion or any kind of abuse.

Consent of both married parties

If marriage is in breach of Icelandic law and the rule of public order, this will result in refusal of a residence permit. This applies, for example, if one, or both, of the spouses was a minor when they got married, or if only one or neither spouse attended the ceremony (referred to as proxy marriage). The same applies if the person conducting a wedding ceremony is not authorized to do so in the country of the ceremony and in case of polygamy or polyandry.

A violation of the rule of public order or the principal rules of law, in an international civil-law context, refers to an activity in one country, however, the same activity being considered as such violation of the rules of law in another country, where the activity is to be exercised, that rejecting it is considered appropriate. 

The basis of this provision is protection views, i.e. it is intended for example to prevent forced marriages.

Violence and abuse

If marriage or cohabitation ends because the applicant or his/her child has been subject to violence or abuse during the relationship, the applicant may be granted a residence permit on grounds of special ties to Iceland, provided he/she continues to meet the requirements for support, as well as other requirements of the law, and if compelling reasons of fairness so recommend. The applicant must previously have held a residence permit on grounds of marriage or cohabitation.

The violence or abuse must have been reported to the police or the child protection authority, or other documentation must be presented as proof of the situation. When considering whether a person should be granted a residence permit on these grounds, the focus will be on his/her connection to Iceland and the requirement for support may be deviated from although the support is unsecure for a short period of time. The duration of the marriage or cohabiting partnership is also relevant.

The reasoning behind this provision is to avoid circumstances where the applicant feels forced to remain in a marriage or cohabitation to maintain his/her residence permit if the applicant or his/her children are subject to abuse or violence by the spouse.

The Directorate of Immigration points out that strict requirements of proof are not placed on the applicant to state the reasons for his/her breakup, however, the applicant must demonstrate the abuse or violence to the extent possible. A decision on renewal of a residence permit on these grounds is an exception and the Directorate of Immigration must assess the circumstances in every single case. For the Directorate of Immigration to be able to consider a renewal of a residence permit on these grounds, the Directorate must be provided with as detailed documents as possible. Medical records, psychological records, police records or a statement from the Women’s Shelter or other institutions where an applicant has stayed, could support statements by him/her about what happened.

Death of spouse

If a marriage or cohabitation ends due to the death of the spouse, a residence permit on grounds of special ties to Iceland may be granted provided the applicant continues to meet the requirements for support, as well as other requirements of the law, and if compelling reasons of fairness so recommend. The applicant must previously have held a residence permit on grounds of marriage or cohabitation.

Reasons that may prevent an applicant receiving a residence permit on grounds of special ties to Iceland under these circumstances include, for example, if the period of marriage or cohabitation was very short.

End of marriage or cohabitation

If a marriage or cohabitation ends, a residence permit on grounds of special ties to Iceland may be granted provided the applicant is able to prove that the social and cultural circumstances in the home country make it difficult for him/her to return to that country. The applicant must continue to meet the requirements for support, as well as other requirements of law, and if compelling reasons of fairness so recommends. The applicant must previously have held a residence permit on grounds of marriage or cohabitation.

An applicant for such a permit must be able to prove that because of divorce or breakup it would be difficult for him/her to live in the country of origin because of social and cultural circumstances. In such instances, the ties of a foreign national to Iceland are assessed and consideration is given to whether it would be very difficult for the foreign national to return to his/her home country, or it would cause him/her major problems to return there due to the changed social position. Reference is made to, for example, how women can be banished from certain communities if they are divorced.

Deciding on a renewal of a residence permit on these grounds is an exception and the Directorate of Immigration must assess the information that exist in every single case.