Special ties to Iceland

Foreign nationals from a country outside of the EEA and/or EFTA, who plan to stay in Iceland for more than three (3) months, must have a valid residence permit.

Granting a residence permit on grounds of the applicant’s special ties to Iceland is permissible. A residence permit on these grounds is only granted in exceptional instances and consideration must be made in every instance as to whether an applicant may receive a residence permit. In such evaluation, the family ties and stay in Iceland carry the most weight, however, in exceptional instances, a residence permit may be granted even though the applicant has never resided in Iceland.

Residence permits on the grounds of special ties to Iceland are granted based on Art. 78 of the Act on Foreigners No. 80/2016.

You may have a right to a residence permit on grounds of special ties if

• You are older than 18 years,
• you do not fall under other categories of residence permits or do not meet their requirements,
• you have special ties to Iceland according to the Act and Regulation on Foreigners,
• you can prove that you are able to provide for yourself during your time of stay in another way than receiving wages in Iceland,
• you have a valid insurance with an Icelandic insurance company (in the field Insurance Companies) or a foreign insurance company authorized to operate in Iceland (in the field Foreign Insurance Companies),
• you have not served a criminal sentence abroad during the last five (5) years or been sentenced by a court of law for an offense which would be punishable by more than three (3) months imprisonment according to Icelandic law, and
• you have a passport valid for at least 90 days beyond the estimated period of a residence permit.
  
  

You may not

• be in Iceland if you need a visa to Iceland when the residence permit is applied for and while it is being processed. Such an application will be refused. (An applicant who does not need a visa may be in Iceland when the application is submitted and while it is being processed provided the stay in the Schengen Area does not exceed 90 days in the current 180 day period),
• meet the requirements for other residence permits,
• only have formed ties in Iceland on grounds of a residence permit for students, on grounds of agreements with other states, volunteers and missionaries, au-pair engagement, victims of human trafficking, temporary residence permit or long-term visa and/or,
• base a right for a residence permit only on family ties, as such ties fall under family reunification,
• work without a work permit,
• work for an employer other than the one on which the work permit is based, 
• stay in another country longer than three (3) months in every 12-month period of the residence permit period; otherwise, the residence permit may be canceled or revoked.

An application for a residence and work permit and supporting documents shall be submitted to the Directorate of Immigration or at the offices of the district commissioners outside of the Reykjavík Metropolitan Area.

An applicant who does not need a visa may stay in Iceland when submitting an application and while it is being processed, provided the stay in the Schengen Area does not exceed 90 days in the 180 day period. An applicant who needs a visa may not stay in Iceland when applying for the permit and while it is being processed. Such an application will be refused.

If an applicant does not fulfill these requirements and the requirements discussed below, the application for a residence permit will be refused and the applicant must leave Iceland. An applicant who does not leave the country may be subject to expulsion or a re-entry ban. A re-entry ban for Iceland is also a re-entry ban into the Schengen Area for a specific period of time or for a minimum of two (2) years.

The applicant is responsible for applying for renewal of his/her residence permit at least four (4) weeks before the validity of the permit expires. If this is done, the applicant is permitted to stay in Iceland while the application for renewal is being processed by the Directorate of Immigration. If a renewal of a residence permit is not applied for before the period of validity expires the application will be handled as if this were a first permit, not renewal. An application received after the period of validity of the previous permit has expired will be refused if the applicant does not have a permission to stay in Iceland while the application is being processed.

Further information on residence permits based on special ties to Iceland

The rights attached to the residence permit 

Basic requirements for a residence permit

Residence permits that cannot be the basis of this permit

Evaluation of requirements

Applicant has stayed in Iceland

Length of legal stay

Applicant’s ties to Iceland and the home country 

Family ties

Caretaking views

Criminal record in Iceland

Applicant has not stayed in Iceland

What is obviously unfair?

Application for first permit

Renewal

The rights attached to the residence permit 

• An applicant who does not need a visa may stay in Iceland when his/her application is submitted and while the application is being processed provided his/her stay in the Schengen Area does not exceed 90 days in the past 180 day period. An applicant who must have a visa may also be in Iceland when applying for the permit and while it is being processed, provided his/her visa is valid. If the stay exceeds this period, processing the application will be stopped until the applicant has left the country and has presented a departure boarding card to prove it. An application by an applicant who does not have the aforementioned permit to stay will be refused.
• A residence permit may be granted for up to one (1) year.
• A residence permit may be renewed for as long as one (1) year at a time, provided the requirements of the permit are still being met.
• The residence permit contains a right to family reunification.
• The residence permit can be the basis of a permanent residence permit.

Basic requirements for a residence permit

An applicant must have reached the age of 18 and must meet all the basic requirements for a residence permit. Another requirement is that the applicant does not fall under other categories of residence permits or does not meet their requirements.

The Directorate of Immigration may grant an exemption from the requirement on satisfactory means of maintenance. Maintenance may only have been uncertain for a short period of time and strong views of fairness must exist for an exemption to be granted. The applicant must submit a request for an exemption stating the reasons why the requirements for maintenance are not met, as well as submitting documents in support of such a request. Examples of circumstances where exemptions have been granted are if the applicant has had an accident and been temporarily absent from work, or if the applicant has received maternity payments. Considering that this is an exemption the authorization for granting it is strictly interpreted.

Note that it is not permissible to grant other exemptions from the basic requirements for a residence permit on grounds of special ties than for maintenance, which is a change of the previous Act on Foreigners no. 96/2002.

Residence permits that cannot be the basis of this permit

The words, special ties to Iceland, do not include ties formed by a foreigner during a stay in Iceland on grounds of the following residence permits:

• Residence permits for students,
• permits on grounds of agreements with other states,
• permits for volunteers or missionaries,
• permits on grounds of au-pair engagement,
• permits for victims of human trafficking,
• temporary residence permits, and
• long-term visas.

Example 1:    An applicant has stayed in Iceland for three (3) years as a student and one year (1) as a professional expert. Only his/her stay as a professional expert counts when consideration is made regarding special ties to Iceland.

Example 2:    An applicant for protection comes to Iceland and applies for international protection. Such a stay cannot be the grounds of special ties.

If an applicant’s previous residence permit has been revoked on grounds of incorrect or misleading information, for example, because of marriage of convenience, such ties formed by the applicant to Iceland at that time are not considered as special ties. This also applies even though the residence permit has not been revoked if there exists strong suspicion that the marriage is or was a marriage of convenience.

Evaluation of requirements

The requirements regarding this residence permit are mostly subject to evaluation, which means that the Directorate of Immigration must consider in every instance whether an applicant is deemed as having special ties to Iceland. The Act and Regulation on Foreigners contain guidelines which the Directorate of Immigration follows when considering an applicant’s ties.

Applicant has stayed in Iceland

A residence permit on grounds of special ties to Iceland is first and foremost intended for an applicant who has resided in Iceland and established ties in the country while having a residence permit. The requirement is that the residence permit has not been renewed or revoked because of changed circumstances or for other reasons. The applicant having stayed in Iceland during the last years before submitting an application is not a requirement if the applicant has lived in Iceland some time.

Length of legal stay

The length of legal stay is important when evaluating special ties. Generally, the applicant must have been in Iceland in a legal stay for at least two years (2) before consideration is given to length of stay when evaluating ties unless other ties (for example, family ties, or social and cultural ties) are very strong.

If an applicant is not staying in Iceland when an application is submitted, consideration is made to when the applicant stayed in Iceland and how long. If the applicant has stayed abroad for more than continuous 18 months from the issue of the latest residence permit, a residence permit on grounds of special ties will generally not be granted on grounds of the previous stay unless other ties of the applicant are very strong.

Applicant’s ties to Iceland and the home country

An applicant’s ties to Iceland shall be evaluated in context to his/her ties to other countries, either the home country or another state where the applicant has stayed. An applicant may have lost his/her ties to the home country or another state of stay even though the stay in Iceland was short. The applicant may also have maintained stronger ties to other states than Iceland despite his/her stay in Iceland.

Family ties

Family ties weigh most heavily in the evaluation, together with ties on grounds of previous stay in Iceland. An overall evaluation is made of the family ties and family pattern; the size, history, and circumstances are examined. Consideration is made to whether the applicant has a family in Iceland and in the home country, and how close the family ties are. Ties to parents and children are considered stronger than ties to siblings or distant relatives.

A residence permit on grounds of special ties (connection to Iceland) is not intended to come in place of a residence permit on grounds of family reunification. This means that if an applicant has the right to a residence permit on grounds of family reunification, such a permit must be applied for. If an applicant does not fulfill some of the requirements of such a residence permit, this does not result in the relevant person receiving a residence permit on grounds of special ties to Iceland.

Caretaking views

Views regarding caretaking shall be taken into account when evaluating special ties on grounds of family ties. Consideration shall be given to whether the applicant is dependent on his/her family in Iceland, for example, regarding daily needs or because a relative of the applicant in Iceland is dependent on him/her. Maintenance alone, however, is not sufficient grounds for being special ties; instead social and cultural views must furthermore support the application. This includes consideration, among other things, about whether the applicant has adjusted to the community in Iceland and is working or attending school.

Criminal record in Iceland

If an applicant has been sentenced for criminal activity in Iceland, this is deemed as reducing his/her ties to the country. Consideration is given to whether the applicant has repeatedly committed offenses or whether he/she has unfinished business in the penal system. In such instance, a residence permit on grounds of special ties is usually not granted.

Applicant has not stayed in Iceland

In exceptional instances granting a residence permit on grounds of special ties is permissible even though the applicant has never resided in Iceland. Such instances are very rare and the applicant’s circumstances must be very special and the ties to Iceland must be very strong in order for a residence permit being granted.

The Directorate of Immigration considers the same views as if the applicant has stayed in Iceland. The Regulation on Foreigners contains the follows requirements:

• The applicant has a grown-up child or a parent residing in Iceland and is an Icelandic citizen or has a permanent residence permit or a residence permit that may constitute the grounds of a permanent residence permit, or
• the applicant can prove that he/she has been provided for by this relative for at least one (1) year, and
• the family and social ties of the applicant with the home country are such that not granting him/her a residence permit in Iceland would be obviously unfair.
  
  

What is obviously unfair?

The Regulation on Foreigners states that the ties of an applicant with the home country have to be such that not granting a residence permit in Iceland would be obviously unfair. Individual evaluation needs to be made in every instance and it is not possible to determine beforehand what is obviously unfair. The circumstances discussed above are the views up for consideration under the evaluation.

The Directorate of Immigration must exercise objectivity and equality in its evaluation. It cannot be taken for granted that what the applicant considers as being obviously unfair and special ties to the country are in accordance with the views which the Directorate of Immigration must take into account when evaluating ties.

The circumstances discussed above are the views considered in the evaluation.

Application for first permit

An applicant who does not need a visa may stay in Iceland when submitting an application and while it is being processed, provided the stay in the Schengen Area does not exceed 90 days in the 180 day period. If the stay exceeds this period processing the application will be stopped until the applicant has left Iceland and has presented a departure boarding card to prove it. An applicant who needs a visa may not stay in Iceland when applying for the permit and while it is being processed. An application by an applicant who does not have the aforementioned permit to stay will be refused.The application shall be accompanied by all the same documents as required by the Directorate of Immigration to confirm that the requirements for a residence permit are met.

Documents to be submitted

1. Payment receipt (if the application has been paid for at a bank). The name of the person for whom payment is being made must be clearly stated. List the name of the applicant, his/her date of birth as a reference.
2. Application for a residence permit. (Please download and save to computer before filling out). In original format, carefully filled out and signed by the applicant. (It is important that the applicant states his/her place of residence in Iceland. If the address is not stated when the application is made, the applicant must notify his/her place of residence within two (2) weeks from the applicant’s date of arrival in Iceland (for example when being photographed).
3. Passport photo (35 mm x 45 mm).
4. Photocopy of passport. The period of validity must be at least 90 days beyond of the period of validity of the residence permit. This must include photocopies of the passport’s personal information page and the page containing the applicant’s signature.
5. Confirmed original of a foreign criminal record certificate. The criminal record certification must not be older than six (6) months. A criminal record certificate must be submitted from all the countries where the applicant has lived for the last five (5) years. (The criminal record certificate shall be issued by the highest appropriate authority in every country, i.e. the authority authorized to issue such a certificate). Note there is a requirement for apostille confirmation or double authentication. 
6. Confirmed copy or original translation by an authorized translator of the criminal record certificate. Applies only if the foreign certificates are in other languages than English or the Nordic languages. Note there is a requirement of confirmation of translation if the translator is not an authorized translator in Iceland, i.e. apostille or double authentication.
7. Health Insurance.  The applicant shall submit a certificate of insurance from an Icelandic insurance company (see insurance companies) or a foreign insurance company authorized to operate in Iceland (see foreign insurance companies)  The insurance shall be valid for six (6) months from the date of the applicant being registered in Registers Iceland and the coverage shall be at least IKR 2000,000.  Registration in Registers Iceland is usuallly valid from the day the applicant‘s photo is taken at either the Directorate of Immigration or at a District Commissioner‘s office for a residence permit card, given that the applicant has stayed in Iceland from that date.
8. Support. The student must show sufficient financial support during his stay, see here.
9. Report on ties. The applicant’s ties to Iceland and the home country must be described (for example, family ties, social and cultural ties).

10. Documents supporting the report. The documents must show the applicant’s ties to Iceland, for example, birth certificate, maintenance documents or other documents showing the circumstances on which the application is based. 

Further documentation that may be submitted

1. Power of Attorney signed by two (2) witnesses. The Power of Attorney does not have to be submitted unless the applicant wants someone other than him/her to receive information about the processing of the application by the Directorate of Immigration.
2. Application for a work permit because of special circumstances. In original format, signed both by the applicant and the employer, and confirmed by the relevant trade union.
3. Employment contract. In original format, signed by both the applicant and the employer. The contract must state the applicant’s wages and terms of employment, and must fulfill the statutory minimum wage terms.

The applicant is responsible for submitting the necessary supporting documents with his/her application. If satisfactory documents are not received by the Directorate of Immigration, this may result in delays in processing the application, or in the application being refused. The Directorate of Immigration may request additional information when special circumstances warrant it.

If the applicant meets all requirements of a residence permit, the residence permit will be granted and the applicant will be sent a notification of the granting of the permit. The residence permit will not be issued, however, until the applicant has come to be photographed at the offices of the Directorate of Immigration or at offices of district commissioners outside of the Reykjavík Metropolitan Area, reported his place of residence to the Directorate and undergone medical examination. The applicant should come to be photographed within one (1) week from his/her arrival in Iceland and must report his/her place of residence (for example, when photographed). Please note that the applicant must present a valid passport when photographed for identification. Furthermore, the applicant must undergo medical examination (only in Icelandic) 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 requirements stated above. This could lead to illegal stay and expulsion.

RENEWAL

The application based on special ties to Iceland may be renewed if all 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. If this is done, the applicant is permitted to stay in Iceland while the application for renewal is being processed by the Directorate of Immigration. If a renewal of the residence permit is not applied for before the period of validity expires, the application will be processed as if this were an application for a first permit, not renewal. An application that is received after the period of validity of the permit has expired will be refused if the applicant does not have permission to stay in Iceland while the application is being processed.

The applicant must appear in person when applying for renewal of his/her residence permit, either at the reception area of the Directorate of Immigration or at offices of district commissioners outside of the Reykjavík Metropolitan Area. The applicant will be photographed and must submit a sample of his/her signature. The applicant should bring his/her passport along.

Documents to be submitted

1. Application for a residence permit. (Please download and save to computer before filling out). Form must be original, completed and signed by the applicant.
2. Copy of passport (does not need to be confirmed). The validity of the passport must be at least three months beyond the validity of the residence permit.
3. Report and documents confirming that the purpose of stay has not changed.
4. Support. The student must show sufficient financial support during his stay, see here.

Further documentation that may be submitted

1. Power of Attorney signed by two (2) witnesses. The Power of Attorney does not have to be submitted unless the applicant wants someone other than him/her to receive information about the processing of the application by the Directorate of Immigration.  
2. Application for work because of special circumstances. In original format and signed by both the applicant and the employer, and confirmed by the relevant trade union.
3. Employment contract, in original format and signed both by the applicant and the employer The contract must state the applicant’s wages and terms of employment, and must fulfill at least the statutory minimum wage terms.
   
   

The applicant is responsible for submitting the necessary documents with his/her application. If satisfactory documents with the application are not received by the Directorate of Immigration, this may result in delays in processing the application or in the application being refused. The Directorate of Immigration may request additional information when special circumstances warrant it.