Residence permit for spouse or cohabiting partner

Residence permits on grounds of marriage or cohabitation are granted to individuals intending to move to Iceland to live with their spouse or cohabiting partner, see Article 70 of the Act on Foreigners no. 80/2016.

It is a requirement that the spouse or cohabiting partner living in Iceland is:

• an Icelandic citizen,
• a Nordic citizen,
• a foreign citizen holding a permanent residence permit or
• a foreign citizen holding a temporary residence permit: 
  • for athletes,
  • for parents,
  • for students of advanced studies,
  • on grounds of work requiring qualified expertise,
  • on grounds of international protection,
  • on humanitarian grounds or
  • on grounds of a special connection to Iceland.

Certain special requirements apply for individuals who hold a residence permit in Iceland on grounds of international protection, humanitarian grounds, special connection or a residence permit as a parent. The spouse or cohabitant living in Iceland must have worked or studied in Iceland in legal stay for the last four (4) years when an application for reunification is submitted (unless an exemption applies).

Requirements for a residence permit on grounds of marriage or cohabitation

You may have a right to a residence permit if all of the following requirements are met, as well as others

• You are older than 18 years,
• you were 18 years of age or older when you married or entered cohabiting partnership,
• you are married or have been in cohabiting partnership for more than one (1) year,
• you have a spouse or cohabiting partner who lives in Iceland and is an Icelandic or Scandinavian citizen, or a foreign citizen holding a permanent residence permit or a foreign citizen staying in Iceland on grounds of a residence permit as stated above,
• the marriage meets the requirements for registration according to the law regarding domicile,
• you will have a permanent home at the same location as your spouse or your cohabiting partner,
• you can prove that you are able to provide for yourself during your stay,
• 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 offence which would be punishable by more than three (3) months imprisonment according to Icelandic law, and
• your spouse has not been sentenced by a court of law or been subject to public safety measures for the last five (5) years (unless an exemption applies), and
• the spouse or cohabiting partner in Iceland consents to the permit being granted.
  
  
  

You may not

• have married or be a cohabiting partner for convenience purposes (i.e. for other reasons than being together with your spouse, for example, the only purpose being to obtain a residence permit in Iceland),
• have been in cohabiting partnership for less than one (1) year if you apply for a cohabiting partnership permit,
• start working until a residence and work permit has been granted, unless you are the spouse or cohabiting partner of an Icelandic citizen, in which case you do not have to apply for a work permit (please note that a cohabiting partner of an Icelandic citizen may not start to work before his/her residence permit has been granted),
• work for an employer other than the one on which the work permit is based, and
• 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 cancelled 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.

Note that different rules may apply to a permit to stay when an application is submitted and while it is being processed. Spouses and cohabiting partners may be in Iceland when an application is submitted if they base their right on a person who falls under the categories above except a spouse/cohabiting partner of a student if he/she is required to have a visa. See further information in the section on rights that are attached to the permit.

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 an entry ban. An entry ban is also an entry ban into the Schengen Area for a specific period of time or for two (2) years as a minimum.

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 previous permit has expired will be refused if the applicant does not have a permit to stay in Iceland while the application is being processed.

See further the procedure of applications and permission to stay.

Further on a residence permit for a spouse and cohabiting partner

Rights attached to the permit

Application for a first permit

Renewal

Special requirements

Rights attached to the permit

• The spouse or cohabiting partner of an Icelandic citizen is authorized to work without a work permit in Iceland. Other applicants must apply for a work permit, if they intend to work in Iceland, and may not begin working until a residence and work permit has been granted.
• Spouses of Icelandic and EEA/EFTA citizens may begin to work as soon as they have submitted an application for a residence permit. They can obtain a system ID number  from the Icelandic Revenue and Customs while the residence permit application is being processed. A cohabiting partner may not start working before a residence permit has been granted. 
• A residence permit is generally granted for one (1) year at a time, however, two (2) years as a maximum. The permit validity may however never exceed the validity period of the spouse/cohabiting partner‘s permit.
• A residence permit may be renewed for two (2) years as a maximum, provided the requirements for the permit are still met, however, the permit may never be valid longer than the permit of the person on which the applicant bases his/her right.
• The residence permit provides a right to family reunification. A residence permit may be applied for on grounds of family reunification for:
  • the applicant’s children under the age of 18 if the applicant has custody of them;
  • the parents of an applicant if the parents are 67 years of age or older (does not apply to students).
• The residence permit may be a basis of a permanent residence permit.

• The spouse of an Icelandic citizen may have the right to Icelandic citizenship after four (4) years of living in Iceland after marriage, provided certain other requirements are met. One requirement is that the spouse has had Icelandic citizenship for at least five (5) years.
• A cohabiting partner of an Icelandic citizen may have the right to Icelandic citizenship after five (5) years of living in Iceland after the formal registration of cohabitation, provided that other requirements are met. One requirement is that the spouse has had Icelandic citizenship for at least five (5) years.
  
  

Application for a first permit

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. 

Supporting documents with application for a residence permit for a spouse and cohabiting partner:

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 on 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). 

   Please select the appropriate permit:

   D-201 Application for a residence permit for spouse or cohabiting partner of an Icelandic citizen

   D-202 Application for a residence permit for spouse or cohabiting partner of a foreign citizen

3. Passport photo (35 mm x 45 mm).
4. Photocopy of passport. The period of validity must be at least 90 days beyond 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.The period of validity must be at least 90 days beyond the period of validity of the residence permit. 
5. A copy of criminal record certificate issued by country of residence. A criminal record must not be older than 12 months when submitted and must be issued by the highest authority competent to issue such certificates in the respective country.
6. Translation by an authorized translator of the criminal record certificate. Applies only if the foreign certificate is in another language than English or a Nordic languages. Note that the translation must be authenticated if the translator is not an authorized translator in Iceland.
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. 
8. Documents on support, confirming secure support during the period of residence. There is a legal mutual obligation for spousal support. If the applicant is married, he/she does not have to prove own support, if the spouse can show sufficient support for the couple. A cohabiting partner must prove independent means of support.
   
   
   

Additional supporting documents with application for a residence permit for a spouse

1. Confirmed copy of the original marriage certificate. Note the requirement for a certified original of the marriage certificate, i.e. with apostille or double authentication. The copy must be stamped by an authority competent to do so.
2. Confirmed copy or original translation of the marriage certificate by an authorized translator. This applies only to foreign certificates in languages other than English or a Scandinavian language. Note the requirement for a certification of the translation if it is done by a translator who has not received an authorization as a translator in Iceland, i.e. apostille or double stamp.
   
   
   

Additional supporting documents with application for a residence permit for cohabiting partner

1. Confirmed copy of the original of a marital status certificate of the applicant and the cohabiting partner and other documents confirming that they have cohabited for at least one (1) year. Note the requirement for a certification of the marital status certificate, i.e. apostille or double stamp. The copy must be stamped by an authority competent to do so.
2. Confirmed copy or original translation of the marital status certificate by an authorized translator. This applies only to foreign certificates in other languages than English or a Scandinavian language. Note the requirement for a certification of the translation if it is done by a translator who has not received an authorization as a translator in Iceland, i.e. apostille or double stamp.
   
   
   

Documents that may be submitted

1. Application for a work permit on grounds of family reunification and employment contract, if the applicant is neither a spouse nor a cohabiting partner of an Icelandic citizen, and intends to work in Iceland. An application for a work permit and an employment contract must be submitted in original format and signed by both the applicant and the employer.
2. 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.
   
   

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 (in Icelandic only) 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

A residence permit may be renewed on grounds of family reunification 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. 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 a renewal. An application that is received after the period of validity of the older permit has expired will be refused if the applicant does not have permission to stay in Iceland while the application is being processed.

See further information on application process and permission to stay while application is being processed by the Icelandic Directorate of Immigration and during renewal of residence permit.

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 on computer before filling out). In original format, carefully filled out and signed by the applicant.
3. Photocopy of the passport. The period of validity must be at least 90 days beyond 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.
4. Documents on support, confirming secure support during the period of residence.  There is a legal mutual obligation for spousal support. If the applicant is married, he/she does not have to prove own support, if the spouse can show sufficient support for the couple. A cohabiting partner must prove independent means of support.
   
   Please choose the appropriate permit:

           D-201 Application for a residence permit for spouse or cohabiting partner of an Icelandic citizen

           D-202 Application for a residence permit for spouse or cohabiting partner of a foreign citizen

Further documentation that may be submitted

1. Application for a work permit on grounds of family reunification and employment contract, if the applicant is neither a spouse nor a cohabiting partner of an Icelandic citizen, and intends to work in Iceland. An application for a work permit and an employment contract must be submitted in original format and signed by both the applicant and the employer.
2. 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.
   
   
   
   
   

Special requirements

Residence requirements for a spouse in Iceland with international protection and other permits

Marriage or cohabitation of convenience

Consent of both married parties

Violence and abuse

Death of spouse or cohabiting partner

End of marriage or cohabiting partnership and a new residence permit based on social and cultural circumstances in the applicant‘s home country

Residence requirements for a spouse in Iceland with international protection and other permits

If an applicant bases his/her right on an individual who has a residence permit in Iceland on grounds of international protection, humanitarian grounds, special connection or family reunification of parents, this person must have worked or studied in Iceland in legal stay during the last four (4) years before an application for a spouse is submitted. An exemption from this may apply, for example, to persons who were married before the spouse residing in Iceland moved to Iceland, both persons had a residence permit when they married or they expect a child together. Other special circumstances may also apply.

Marriage or cohabitation of convinience

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 of convenience / cohabitation of convenience.

In the instance of founded suspicion of marriage of convenience / cohabitation of convenience, the applicant must prove in a clear manner that such suspicion is unfounded. A marriage of convenience / cohabitation of convenience does not grant the right to a residence permit and is punishable according to Article 70 of the Act on Foreigners. In order to examine whether marriage/cohabitation is possibly a union of convenience, the Directorate of Immigration may call in the applicant and the spouse/partner for interviews at the offices of the Directorate of Immigration, according to Article 10, paragraph 4, of the Regulation on Foreigners 540/2017. A rejection of a residence permit on grounds of marriage of convenience / cohabitation of convenience is a decision based on assessment made by the Directorate of Immigration.

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

Consent of both married parties

If marriage or cohabiting partnership 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, to a marriage ceremony if the married persons or one of them was a minor when they were married, or if only one or neither person in the marriage was present during the ceremony (referred to as proxy marriage). The same applies to a marriage ceremony where the person conducting the ceremony is not authorized to do so in the country of the ceremony and also 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 cohabiting partnership 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 connection, provided he/she meets the requirements for support, as well as meeting the other requirements of law, and if strong reasons of fairness warrant it. The applicant must previously have held a residence permit on grounds of marriage or cohabitation.

Such 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 cohabiting partnership in order 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 demonstate the abuse or violence to the extent possible. A decision on renewal of a residence permit on these grounds is exceptional and the Directorate of Immigration must assess the circumstances in every single case. In order for the Directorate of Immigration being 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 or cohabiting partner

If marriage ends due to the death of the spouse the applicant may be granted a residence permit on grounds of special connection provided that he/she continues to meet the requirements for support, as well as meeting other conditions of law and if strong reasons of fairness warrant it. The applicant must have had a previous residence permit on grounds of marriage or cohabitation.

Reasons that may prevent an applicant receiving a residence permit on grounds of special connection due to death of his/her spouse include, for example, if the period of marriage or cohabitation was very short.

End of marriage or cohabiting partnership and a new residence permit based on social and  cultural circumstances in the applicants home country

A residence permit may be granted on grounds of special connection even though a marriage or cohabiting partnership ends, 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 conditions of law and if strong reasons of fairness warrants it. The applicant must have had a previous residence permit on grounds of marriage or cohabiting partnership.

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 the social and cultural circumstances. In such instances the ties of a foreign national to Iceland is 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 exceptional and the Directorate of Immigration must assess the information that exist in every single case.