Revisions Oct. 2021

Foreign Nationals Act 1)
2016 no. 80, 16 June

1)

Arts. 3 and 70 of the Act were amended by Act no. 80/2018, art, 20; the amendments takeeffect on 1 Jan. 2019 under art. 19 of that Act.

Took effect 1 January 2017 except arts. 114 and 115 which took effect 1 July
2016. Amended by Act no. 124/2016 (took effect 1 Jan. 2017), Act no.
17/2017 (took effect 22 April 2017), Act no. 54/2017 (took effect 20 June2017), Act no. 81/2017 (took effect 30 Sept. 2017), Act no. 89/2017 (took effect
29 Dec. 2017), Act no. 80/2018 (will take effect 1 Jan. 2019 except para. 3 art 2
and art. 7, which take effect 1 Jan. 2020, and temporary provisions I which tookeffect 28 June 2018, and Act no. 90/2018 (took effect 15 July 2018; EEA
Agreement Annex XI, regulation 2016/679).

Where reference is made in this Act to a minister or ministry without specifying
the field of responsibility, the reference is to the Ministry of Justice or Minister ofJustice, under who this act falls.

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SECTION I
General provisions
Art. 1Scope
The provisions of this Act apply to the authorisation of foreign nationals to enter Iceland,
their stay in the country and their right to international protection.
Special rules apply to foreign nationals who are covered by the European Economic Area
(EEA) Agreement réttand the European Free Trade Association (EFTA) Treaty, cf. theprovisions of Section XI. Icelandic nationals may also be subject to obligations under thisAct.
Icelandic vessels operating abroad and Icelandic aircraft flying abroad do not fall within
the scope of this Act.
Art. 2
Purpose and objectives
The purpose of this Act is to provide for the legal status of and guarantee the legal securityof foreign nationals who come to or leave Iceland, apply for a residence permit or residein the country according to the Act.
Furthermore, the Act has the purpose of authorising the monitoring of arrival of foreign
nationals in Iceland, their stay in Iceland and their departure.
This Act provides the basis for international protection of foreign nationals and statelesspersons entitled to this right according to the international obligations of Icelandic
authorities.
The objective of this Act is to ensure the humane and effective handling by the authorities
of matters concerning foreign nationals in Iceland.
Art. 3
Definitions
1. International protection: Protection granted by the authorities to a person arriving in
Iceland who satisfies the conditions laid down in art. 1 Section A of the International
Convention relating to the Status of Refugees, protection granted based on rules for2subsidiary protection, and protection granted to stateless persons under the 1954
Convention relating to the Status of Stateless Persons.
2. Expulsion: A decision by an authority that a foreign national resident in Iceland be
expelled to his/her home country, or another country where he/she can demonstrate
legal authorisation to reside, and banned from re-entry for a specified period orpermanently.
3. Dublin cooperation: Cooperation based on Regulation (EU) No. 604/2013 of theEuropean Parliament and of the Council of 26 June 2013 establishing criteria andmechanisms for determining the Member State responsible for examining anapplication for international protection lodged in one of the Member States by a thirdcountry national or a stateless person.
4. EEA national: A foreign national who is a citizen of a state covered by the European
Economic Area (EEA) Agreement.
5. EFTA national: A foreign national who is a citizen of a state covered by the European
Free Trade Association (EFTA) Treaty.
6. Person in a particularly vulnerable position: A person who, due to certain personal
characteristics or circumstances, has special needs which must be taken into accountin handling the case or who cannot fully, or at all, avail him/herself of the rights or
satisfy the obligations provided for in this Act without assistance or special
consideration, e.g. unaccompanied minors, people with disabilities, people withmental illness or disability, elderly people, pregnant women, single parents withyoung children, victims of human trafficking, seriously ill persons and persons who
have been subjected to torture, genital mutilation, rape or other serious forms of
psychological, physical or sexual violence.
7. Mass flight: When a large number of refugees flee one or more specific regions.
8. Refugee: A foreign national who is outside his/her home country or a stateless person
outside the country where he/she had regular residence, owing to a well-founded fearof being persecuted for reasons of race, religion, nationality, membership of aparticular social group, or political opinions, who is unable or unwilling due to suchfear to avail him/herself of the protection of that country. Persons entitled tosubsidiary protection are also deemed to be refugees under this Act.

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9. The Refugee Convention: UN Convention relating to the Status of Refugees of 28 July
1951, cf. the Protocol to the Convention of 31 January 1967.
10. Refusal of entry: A decision by an authority to return a foreign national from Iceland
to his/her home country or another state where the person can demonstrate legal
authorisation to reside.
11. Unaccompanied minor: A minor who arrives on the territory of a state
unaccompanied, for as long as he/she is not effectively taken into the care of a parent
or adult responsible for him/her in accordance with laws on legal competency. This
also applies to a minor who is left unaccompanied after entering the territory of astate.
12. Permanent domicile: The location of a person’s legal domicile, cf. art. 1 of the Act on
Legal Domicile.
13. Safeguarding a minor´s interests: Safeguarding a minor’s interests and ensuring thatthe minor receives the assistance necessary during procedure of a case, including
support based on the Child Protection Act and other Acts, regarding e.g. social
assistance, school services and healthcare.
14. Human trafficking: Human trafficking as defined in art. 227 a of the General Penal
Code, which is based on the Palermo UN Convention Against Transnational
Organised Crime and the Protocol to the Convention on human trafficking.
15. …1)
16. Immediate relatives: Spouse, cohabiting partner, a person’s child under the age of 18
years in his/her custody and dependent upon him/her, and parents 67 years of age orolder.
17. Nordic national: Nationals of Denmark, Finland, Iceland, Norway and Sweden,
including the Åland Islands, the Faroe Islands and Greenland.
18. Persecution: Actions which by their nature, or because they are repeated, entail agrave violation of essential human rights, in particular inalienable essential humanrights such as the right to life and freedom from torture or inhumane or degrading
treatment or punishment, freedom from slavery or forced labour and freedom fromextrajudicial punishment. The same applies to an accumulation of actions, including
illegal discrimination, which have or may have the same or comparable effect on an4individual.
19. Illegal stay: When a foreign national staying in Iceland without the required
authorisation or cannot demonstrate his/her authorisation for residence.
20. Stateless individual: A person who is not considered as a citizen of any state under
the terms of its laws, cf. the 1954 Convention relating to the Status of Stateless
Persons.
21. Conventions on statelessness: The 1954 International Convention relating to the
Status of Stateless Persons and the 1961 Convention on the Reduction ofStatelessness.
22. Schengen states: States which are participants in the Schengen cooperation.
23. Schengen cooperation: European cooperation in the field of law enforcement andborder control based on the Schengen Agreement.
24. Advocate: A person who speaks on behalf of a foreign national or person applying forinternational protection in Iceland and safeguards his/her interests vis-à-vis the
Icelandic authorities while the case is being processed. The advocate shall be a lawyer
and, in the case of an unaccompanied minor, must also have special expertise inchildren’s affairs.
25. Applicant for international protection: A foreign national who requests recognitionof his/her status as a refugee or stateless person in Iceland.
26. Foreign national: An individual who does not hold Icelandic citizenship.
27. Subsidiary protection: A foreign national who is not considered a refugee according
to the provisions of Art. 1 Section A of the International Convention relating to the
Status of Refugees if there are substantial grounds for believing thathe/she is at riskof being subjected to the death penalty, torture or other inhumane or degrading
treatment or punishment, or if he/she may be subject to serious injury due to random
violence resulting from armed conflict, should he/she be returned to his/her homecountry. The same applies with regard to a stateless person.
1)

Act no. 89/2017, art. 1.

Art. 4General implementation
The administration of this Act is under the ministry.

5The Directorate of Immigration, the Immigration and Asylum Appeals Board the police,
District Commissioners, the National Registry and other authorities shall enforce this Act.
The Minister issues a regulation on the responsibilities of individual bodies referred to inpara. 2 based on this Act, in so far as they are not provided for by the Act andadministrative provisions.
Art. 5
Directorate of Immigration
A special agency, the Directorate of Immigration, shall operate under the ministry.
The Minister appoints the Director of the Directorate of Immigration for a term of five
years. The Director must have completed a master’s degree in law or comparable
programme of study.
The Directorate of Immigration issues an annual report on its activities.
Art. 6
Role, authority and structure of the Immigration and Asylum Appeals Board
The Immigration and Asylum Appeals Board is an independent administrative committee
which issues rulings in cases referred to it on the basis of Art. 7. The Board’s rulings
cannot be appealed to a higher administrative authority.
In resolving cases the Immigration and Asylum Appeals Board has the same authority as
the Minister to take final decisions at higher administrative level.
The Minister appoints seven individuals to the Immigration and Asylum Appeals Board.
The Chair and Vice-chair of the Board shall be appointed for a five-year, fulltime position
following advertisement of the positions as provided for by the Act on the Rights andObligations of Public Employees after having obtained the opinion of the committee
under para. 5. They must satisfy requirements to be appointed District Court Judges. Theirrights and obligations are as provided for in the Act on the Rights and Obligations of
Public Employees. Their salary and benefits shall be determined by the Official
Remuneration Council.
The Minister appoints five other Board members and an equal number of alternates for aterm of five years. They must hold a professional qualification or a master’s degree in6

law. Two shall be nominated by the Icelandic Human Rights Centre, one by the Universityof Iceland Human Rights Institute and two shall be appointed without nomination. Careshall be taken to ensure that the Board possesses the necessary expertise in those areas
which it deals with. Alternates shall be appointed in the same manner and must fulfil thesame qualification requirements as regular members. The Minister determines theirremuneration.
The Minister appoints three individuals to a committee to assess the eligibility of
applicants for the positions of Chair and Vice-chair of the Immigration and Asylum
Appeals Board. The committee shall deliver to the Minister a substantiated opinion oneach applicant.
The Chair of the Immigration and Asylum Appeals Board is responsible for its direction.
He/she represents the Board externally and is responsible for its finances and daily
operations. The Chair allocates cases for processing. He/she hires employees inaccordance with budget allocations and the provisions of the Act on the Rights andObligations of Public Employees. The Vice-chair is the Chair’s deputy and performs
his/her duties in the absence of the Chair.
The Immigration and Asylum Appeals Board shall normally make its rulings public or,when appropriate, extracts thereof providing a substantial conclusion in an accessible andstructured manner. Rulings shall be published excluding names, identification numbers orother personally identifiable details of the parties involved in the cases. The Immigration
and Asylum Appeals Board issues an annual report on its activities. The cost of the
Appeals Board is paid by the Treasury.
Art. 7Right of Complaint
Decisions by the Directorate of Immigration and the police under this Act may be
appealed to the Immigration and Asylum Appeals Board within 15 days of the notificationof the decision to the applicant. However, where an applicant is a national of a country on
the Directorate of Immigration’s list of safe countries of origin and the Directorate has
processed the case in accordance with art. 29(1)(b)-(f), the time limit for appeal is five
days.

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Art. 8Procedure before the Immigration and Asylum Appeals Board
Three Board members shall normally attend meetings of the Immigration and Asylum
Appeals Board to address each case received by the Board for appeal. The Chair
determines how the Board is appointed in each case, ensuring that the Board consists of
those three members with the best knowledge to resolve the case. The Board must in allcases include the Chair or Vice-chair. The Vice-chair has the same authority as the Chairto rule in cases, cf. paras. 1 and 2. The Chair may decide that the Appeals Board is to workin divisions.
Notwithstanding the provisions of para. 1, the Chair may rule in those cases handled by
the Board concerning visa applications, decisions concerning the procedures of the
Directorate of Immigration and postponement of the legal effects of decisions by the
Directorate and the Appeals Board. The Chair is furthermore authorised to rule alone incases concerning applications for international protection if:
a. the applicant is a citizen of a country on the Directorate of Immigration’s list of safecountries of origin andb. the Directorate of Immigration has processed the case in accordance with art.
29(1)(b)-(f).
A majority of a fully appointed Appeals Board may also entrust the Chair to rule alone inother types of cases where, in the Board’s opinion, implementation and precedents are soclear that it is unnecessary for the Board to decide on them.
Notwithstanding the provisions of paras. 2 and 3, cases shall be decided as provided inpara. 1 if the Chair deems that there is substantial uncertainty as to the outcome of thecase or if there is doubt that the circumstances of the case have been investigatedsufficiently.
The Board may summon experts to advise and assist it in ruling on individual cases. Suchpersons shall work with the Board in preparing and handling cases as decided by the Chair.
The Board shall reassess all aspects of an appealed case. It can uphold the conclusion ofa decision, alter it, or overturn it in part or in full. The Board can also refer a case back to
the agency which took the appealed decision.

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Proceedings shall generally be in written form. In cases under Section IV and art. 74 theAppeals Board may, if it deems necessary, give the appellant an opportunity to appear
before the Board to express him/herself on the substance of the case or individual aspects,
as appropriate. The Board may also, if it deems necessary, summon parties other than theappellant. In preparing a case, the Chair or Vice-chair may decide to offer the appellant
an opportunity to appear before the Board. The Chair or Vice-chair directs the Board’s
work in handling a case. If members of the Board are not in agreement, a decision is madeby majority.
The Minister may make further provisions in a regulation on the Immigration and Asylum
Appeals Board’s procedures and work, including further conditions for the application ofparas. 2 and 3.
Art. 9Refugee Committee
The Minister responsible for social affairs appoints the members of the RefugeeCommittee for a term of five years. The Committee shall consist of three persons and an
equal number of alternates. One member shall be appointed upon the proposal of the
Minister responsible for judicial affairs, one by the Minister responsible for foreign affairs
and one by the Minister responsible for social affairs, who is also the Chair. The Chair
shall have professional expertise in refugee issues. Furthermore, the Minister also
appoints three observers to the Committee following nominations by the Directorate of
Immigration, the Icelandic Red Cross and the Icelandic Association of Local Authorities.
Alternate members and observers shall be appointed in the same manner.
The role of the Refugee Committee includes making proposals to the government on
overall policy and arrangements for reception of refugee groups under Art. 43, supervising
the reception of refugee groups and providing guidance to the authorities on individual
instances as requested.
The Refugee Committee works in co-operation and consultation with the Office of theUnited Nations High Commissioner for Refugees.
The Refugee Committee shall report each year to the government on its work. The
Ministry recponcible for social affairs provides the committee with a staff membe.

9The Minister responsible for social affairs may make further provisions in a regulation for
the work of the Refugee Committee and may entrust the Committee with other tasks
concerning refugee issues than those specified in this provision.
Art. 10
Rules on general procedures
The Administrative Procedures Act applies to handling of cases concerning foreign
nationals unless otherwise provided for in this Act.
A decision concerning a minor shall be guided by the child’s best interests. A minor able
to form his/her own opinions shall be ensured the right to express him/herself in cases
involving him/her and they shall be given due consideration in accord with the childs age
and maturity.
Art. 11Duty of guidance
In cases concerning refusal of entry, expulsion or revocation of a permit, foreign nationals
shall be advised, from the outset of a case, of their rights and of the procedure in the casein a language they can reasonably be expected to understand. Foreign nationals shall beadvised, for instance, on:a. their right to seek the assistance of an attorney or other representative at their own
expense in the handling of the case,b. their right to have an advocate appointed in the handling of the case at the appeal
level, cf. art. 13(3),c. their right to contact a representative of their home country and recognised
humanitarian or human rights organisations.
In a case concerning an application for international protection, the foreign national shallbe advised, from the outset of the case, of his/her rights and of the procedure in the casein a language he/she can reasonably be expected to understand. Foreign nationals shall beadvised, for instance, on:a. their right to have an advocate appointed in the handling of the case at theadministrative level, cf. art. 30(1) and (2),10

b. their right to have the assistance of an interpreter at the administrative level, andc. their right to contact a representative of the United Nations High Commissioner for
Refugees, the Icelandic Red Cross or recognised humanitarian or human rights
organisations.
Apart from this the general duty of guidance under art.7 of the Administrative Procedure
Act applies to the implementation of this Act.
Art. 12
Right to be heard
Before a decision is made in the case of a foreign national, he/she shall have an
opportunity to express him/herself on the substance of a case in writing or orally, if the
documentation in the case does not include his/her position and supporting arguments, on

the condition that the documents of the case do not include his/her position andsupporting argument unless it is clearly unnecessary in the estimation of theauthority concerned. The right to express oneself in writing, however, does not apply
when a foreign national must express him/herself orally to staff of border control or thepolice.
In cases concerning applications for international protection where the provisions of Art.
42 apply, as well as in cases concerning refusal of entry or expulsion, the authorities shallmake every effort to ensure foreign nationals the opportunity to express their views in alanguage which they can reasonably be expected to understand and use to express
themselves.
Art. 13
Legal assistance
A foreign national is entitled to a defence counsel as provided for in the Act on Criminal
Proceedings when custody is requested under art. 115.
When court proceedings are instigated under arts. 109, 110 and 114, the judge shallappoint an attorney as advocate for the foreign national to safeguard his/her interests inthe case.
When a decision concerning refusal of entry, expulsion or the revocation of a residence

11permit is appealed, the authority shall appoint an attorney as advocate for the foreign
national to safeguard his/her interests, except in the case of an appeal concerninginternational protection under Section III or expulsion under Art. 95(2) and (3), Art. 98(1)(c) and (d), Art. 99(1) (b) and (c), and Art. 100(1)(a).
If a judge accedes to a request for the gathering of evidence for the court under art. 16,
the cost of legal assistance while the evidence is gathered is paid by the Treasury.
The costs arising from the work of an advocate are paid by the Treasury. A foreign
national may be required to repay part or all of these costs.
The Minister makes further provisions in a regulation for legal assistance and advocates,
including the amount of remuneration to advocates, additional requirements which an
advocate must satisfy and possible repayment of the cost of the advocate’s work by theforeign national.
Art. 14
Foreign nationals’ disclosure and reporting obligations
A foreign national is obliged, at the request of the police, to produce identification andprovide information as necessary, so that it is clear who he/she is and whether his/her stayin Iceland is lawful.
In preparing a case the foreign national, or other relevant person, may be summoned toappear at the request of the authorities and provide information which may be ofsignificance for its resolution.
The Minister may make provisions in a regulation requiring all persons other than Nordic
nationals to carry passports or other identity documents at all times when entering or
staying in Iceland.
Art. 15
Cross-border information provision
Authorities handling cases concerning foreign nationals may provide foreign authorities
with information on foreign nationals in cases concerning visas, residence permits orinternational protection, to the extent necessary in connection with agreements concluded
by Iceland on criteria and arrangements for determining what state is to handle requests

12for international protection submitted in Iceland or any of the contracting states.
Authorities may not gather or provide information on individual cases concerning aforeign national’s application for international protection in Iceland in such a way thatparties responsible for persecution or inhumane or degrading treatment in the case of theforeign national concerned could obtain information on his/her case which could
jeopardise the security of the person concerned or his/her family.
The Minister may make further provisions in a regulation regarding what information may
be provided and the conditions to be met in order to provide the information.
Art. 16Gathering evidence for the court
A foreign national or the authority handling his/her case may require that documentation
which cannot be obtained satisfactorily by other means in a case covered by this Act begathered for the court in accordance with the rules of Section XII of the Act on Civil
Procedure regarding the gathering of evidence without a court case having been initiated.
Authorisation under this provision does not apply in cases against a foreign national
regarding refusal of entry or when a person requested to testify before the court is abroad.
Art. 17
Processing of personal data
The Directorate of Immigration, the Immigration and Asylum Appeals Board, Registers
Iceland and the police may process foreign nationals’ personal data provided theprovisions authorising such in the Act on the Protection of Privacy and the [Processing]1)
of Personal Data are satisfied, and insofar as authorisation for such processing is provided
in this Act. To the extent not otherwise provided for in this Act, the provisions of the Act
on the Protection of Privacy and the [Processing]1) of Personal Data apply to processingof information.
Agencies specified in para. 1 may link together personal data on foreign nationals fromseparate datasets in order to ensure that their stay in Iceland is lawful. To this end, theseagencies may obtain information from the tax authorities, the Directorate of Labour andlocal authority social services. Outcomes of data linkage which are of significance forindividual cases shall be preserved with the case documentation, while other outcomes13

shall be destroyed. In other respects this data linkage is subject to provisions of the Act
on the Protection of Privacy and the [Processing]1) of Personal Data.
Should the Directorate of Immigration, Immigration and Asylum Appeals Board or
Registers Iceland obtain information which may entail a possible violation of law, theagency concerned must inform the police or relevant authority of the case and deliver toit any documentation requested.
Statistics Iceland may use the files of the Directorate of Immigration and its data forstatistical reporting. The Directorate of Immigration shall provide Statistics Iceland withcopies of files and information from them in accordance with the latter’s request andwithout charge. Statistics Iceland must treat documents from the Directorate of
Immigration as statistical data that is subject to confidentiality.
The Minister issues a regulation, after obtaining the opinion of the Data Protection
Authority, regarding which records concerning foreign nationals are to be kept by the
Directorate of Immigration, the Immigration and Asylum Appeals Board, Registers
Iceland and the police.
1)

Act no. 90/2018, art. 54

SECTION II
Arrival and Departure
Art. 18
Border control
All foreign nationals arriving in Iceland shall immediately report to a border inspection
post or to the nearest police authority. The same applies to persons leaving the country,
who shall be subject to departure control. Excluded from this are internal border crossings
within the Schengen Area and other travel in accordance with rules set by the Minister.
Arrival to and departure from Iceland shall take place at places and intervals decided by
the Minister. Provisions of the Customs Act apply to internal border crossings within the
Schengen Area.
The Minister issues further rules on cross-border travel, including requirements for entry

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into Iceland, monitoring arrangements, recording of information, and also for exceptions
to the provisions in paras. 1 and 2 concerning internal border crossings within the
Schengen Area. He/she also issues rules on the obligations of captains of vessels andaircraft to ensure that passengers hold valid travel documents.
The Minister may make further provisions in a regulation for Iceland’s participation infunds, agencies and practical collaboration in connection with external border control
cooperation based on obligations under the Agreement signed in Brussels on 18 May 1999
on Iceland’s participation in the Schengen cooperation.
Art. 19
Passports
Upon arrival in Iceland individuals must hold a valid passport or other identity document
recognised as a travel document, unless otherwise prescribed in this Act or rules issued
by the Minister. The Directorate of Immigration may, in exceptional cases, exempt aforeign national from the requirement of holding a passport, or recognise other identity
documents than the general rules require.
The Minister issues rules as to what requirements passports or other identity documents
must satisfy in order to be considered valid for entry arrival or stay in Iceland.
Art. 20Visas
A foreign national must hold a visa to be able to enter Iceland unless otherwise prescribedin rules issued by the Minister.
A foreign national holding a residence permit issued by a member state of the Schengen
Cooperation is exempt from the visa requirement. The same applies to a foreign national
holding a provisional residence permit issued by a member state of the Cooperation,
provided he/she also holds a travel document issued by the same state.
A visa issued by a member state of the Schengen Cooperation is valid for entry arrivaland stay in Iceland for the time period specified in the visa, if the visa contains suchinformation.
The Minister may issue rules on the requirement for a visa to pass through Icelandic

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airports.
A visa is valid for one or more arrivals in Iceland, for a stay of up to 90 days during a
specified period.
A foreign national may be granted a visa valid for the entire Schengen Area if thefollowing fundamental conditions are satisfied:a. he/she holds a valid passport or other identity document recognised as a travel
document upon arrival in Iceland and other Schengen states and on departure, which
is valid for at least three months beyond the expiry date of the visa,
b. he/she holds authorisation to return to his/her home country or another country which
is valid for at least three months beyond the expiry date of the visa,
c. he/she has sufficient financial resources to support him/herself during the proposed
stay and to pay for the return journey to his/her home country or other country towhich he/she has a secure right of entry or can support him/herself in a lawful manner,d. he/she can demonstrate the purpose of the stay,e. there is no reason to expel or refuse entry under art. 98, 99 or 106,f.

he/she is not listed in the Schengen Information System in order to prevent his/hercoming to Iceland.

g. he/she does not constitute a threat to public order, national security or the international
relations of Iceland or another state in the Schengen Cooperation,h. he/she has valid health insurance and repatriation insurance.
If considerations of foreign policy or public security argue against it, a visa shall not be
granted. The same applies if there is reason to doubt the stated purpose of a foreign
national’s travel to Iceland or the truth of information which he/she has provided, and also
when suspicion exists that the applicant or his/her child will be subject to abuse or
violence. When the authority sees special reason to do so, it may request the opinion of
the police in order to obtain information on the criminal record of a host, in order to assess
whether an application should be rejected based on this provision.
The Minister issues rules on visas, including requirements for their granting. In assessing
a visa application account must be taken, not only of nationality but also of social status
and the risk that a foreign national may remain in the Schengen Area longer than16

permitted. Account may be taken of the experience and practice of other Schengen statesin assessing visa applications.
The Minister issues rules concerning the Icelandic part of the visa information system,
including provisions on personal data protection in registration and processing of
information in this system. The “Icelandic part of the visa information system” refers toan electronic database which operates in Iceland and is linked to the joint IT system of the
Schengen Area.
The Directorate of Immigration makes decisions on applications for the issue of visas.
Decisions on such applications may be entrusted to the diplomatic service. In addition,
the acceptance of applications and granting of visas may also be entrusted to the
diplomatic service of another state of the Schengen Cooperation. Furthermore, the refusalof applications for visas may also be entrusted to the diplomaticservice of another state of
the Schengen Cooperation.
Art. 21Long-term visas
A long-term visa may be granted to applicants wishing to stay more than 90 days where
the purpose of the stay is not among those generally specified for residence permits andthe applicant does not intend to settle in Iceland. A visa pursuant to this provision cannot
be granted for more than 180 days.
A long-term visa may be revoked if the foreign national violates the conditions for thevisa, e.g. by undertaking paid employment without authorisation.
A stay pursuant to this provision cannot constitute the basis of a permanent residence
permit.
The Minister issues a regulation on details concerning long-term visas and thecircumstances under which they may be granted.
Art. 22
Crews of vessels and aircraft
A foreign national who ceases employment on board a vessel or aircraft, or is a stowaway,
may not disembark in Iceland without police permission. Provisions on the authority in17cases of refusal of entry and appeal apply as appropriate.
The Minister issues rules providing for permission for foreign seamen to disembark while
vessels are in port and on authorisation to prohibit such disembarkation.

SECTION III
Procedural Rules in International Protection Cases
Art. 23
Authority and procedure
The Directorate of Immigration makes decisions on cases concerning applications
pursuant to the provisions of this Section and of Sections IV and IX.
In processing cases under para. 1 the Directorate of Immigration shall gather necessary
and accessible information. Notwithstanding statutory provisions on confidentiality, thesubstance of case documents may be communicated to the United Nations HighCommissioner for Refugees. The substance of case documents may also be communicatedto humanitarian or human rights organisations to the extent that this is unavoidable inconnection with information gathering.
In implementing the provisions of this Section and of Section IV Icelandic authorities
shall collaborate with the United Nations High Commissioner for Refugees, cf. Art. 35 of
the International Convention relating to the Status of Refugees, including in regard to theimplementation and interpretation of that Convention and this Act.
Replies to applications under arts. 36, 37 and 39 shall generally be given within six
months. Replies to applications under art. 36(1) and (2), as to whether an application is tobe accepted for processing, shall be given within 12 months, and replies to applications
under art. 37 and 39 shall normally be given within 18 months.
The Minister may make further provisions in regulations1) on the procedures of the
Directorate of Immigration, the Immigration and Asylum Appeals Board and the police,
including authorisations to rule on cases in a simple and effective manner with reference
to precedents. Furthermore, the Minister may prescribe further on procedure times otherthan those specified in para. 4 and reduce the time limit for appeal to as little as 24 hours

18

and may prescribe time limits for submitting documentation for certain types ofapplications.
1)Regs.no. 540/2017, cf. 775/2017

Art. 24
Application for international protection
An application for international protection under Section IV shall be submitted to the
Directorate of Immigration or the police. An application submitted to the police shall be
forwarded to the Directorate of Immigration. Once an application for international
protection has been completed, the Directorate of Immigration commences processing it
as soon as possible. All applications from members of a family applying for international
protection shall be documented, examined and decided upon, not only those submitted byadults.
When applying, applicants must submit a passport or other travel document in theirpossession. The same applies to spouses or cohabiting partners and minors, whether they
accompany the applicant or apply subsequently for international protection.
The Directorate of Immigration must ensure that foreign nationals applying forinternational protection are informed of their obligations to provide the information
requested and the consequences of failing to answer truthfully and correctly or concealing
information which may be of significance in resolving the case.
The Directorate of Immigration shall ensure that foreign nationals applying forinternational protection are informed as promptly as possible of developments in theircase and of their rights, including the right to the appointment of an advocate under art.
30, and safeguarding a minor’s interests under art. 31.
Such instructions shall be provided in writing and/or be accessible in video or audio
format and in a language which the applicant can reasonably be expected to understand.
In the case of an unaccompanied minor the instructions shall be in accordance with theminor’s age and maturity.
In the case of an unaccompanied minor a representative of the respective Child Protection
Committee and of the Government Agency for Child Protection shall also be notified of19the case.
The Minister may make provisions in a regulation on the more detailed implementationof this article, including on the involvement of Child Protection Committees.
Art. 25
Analysis of the special needs and status of applicants for international protection
An applicant for international protection shall undergo a medical examination as soon as
possible after an application has been submitted. As early as possible in the processing ofan application for international protection the Directorate of Immigration shall ensure thatan individualised assessment is made, with the assistance of appropriate experts, ofwhether an applicant is deemed to be in a particularly vulnerable position, cf. art. 3(6). If
an applicant is deemed to be in such a position, an assessment shall be made as to whether
as a result he/she has any special needs which must be taken into consideration in theproceedings, e.g. a need for specific healthcare services. Such an assessment is not limited
to the time of application and the individual’s right to special assistance shall not belimited even if special needs arising from his/her vulnerable position only come to lightafter the submission of the application.
Provisions of Sections IV, V and VII of the Public Administration Act on the right to beheard, on notification of a decision, provision of grounds etc. and on the right ofcomplaint, and relevant provisions of Sections I and IX of this Act, do not apply to adecision on particularly vulnerable position under para. 1. Determination of a position
under para. 1 has no legal effect other than those specifically stated in law or regulations.
If a case referred to in this Section concerns a minor, the child’s interests shall be theprimary consideration. Minors able to form their own opinions shall be ensured the rightto express themselves in cases involving them, and account shall be taken of their opinions
as appropriate given their age and maturity, cf. art. 10(2). When a decision is contingent
upon an authority’s assessment, account shall be taken of the minor’s security, welfare
and social development and his/her possibilities for family reunification. When an
application concerns an unaccompanied minor or another individual in a particularly
vulnerable position, efforts shall be made to ensure that an employee with appropriate
expertise and experience handles the case.

20

If an unaccompanied minor applies for international protection, the Directorate of
Immigration shall ensure that he/she receives services and treatment in accordance withhis/her age and maturity. As soon as possible following an application, the Directorate
shall appoint an advocate for the minor under art. 30 (1), and notify the Government
Agency for Child Protection thereof under art. 31.
The Minister issues a regulation on the more detailed implementation of this article,
including how a vulnerable position under para. 1 is to be assessed and on the examination
and recording of characteristics and indications which could be covered by Art. 3(6).
Art. 26
Information gathering in connection with an application for international protection
When an application for international protection has been registered, the police shall
photograph and fingerprint the applicant according to art. 111. Travel documents andidentity documents in the applicant’s keeping may be photocopied. The same applies, if
necessary, to other documents. The police may apply those measures specified in arts. 109
and 110.
To verify the identity of an applicant for international protection the police shall, as soon
as possible, obtain personal information on him/her. The same applies to the gathering of
information on his/her route of travel. The police shall, as necessary, assess thecircumstances and condition of applicant and may summon appropriate experts to assess
whether an applicant could present a risk to him/herself or others.
If suspicion arises that an applicant who claims to be an unaccompanied minor has
actually reached legal majority, and this cannot be incontrovertibly verified, age
assessment under Art. 113 shall be performed as soon as possible. Authorities involved in
the case, the applicant and his/her advocate may request an age assessment. Nonethelessin processing a case an applicant for international protection claiming to be under the ageof legal majority shall always be considered a minor until proven otherwise by age
assessment or other means. However, exemptions may be granted from these provisions
if it is obvious that the person concerned has reached legal majority. If a foreign national
applying for international protection declines to undergo age assessment, refusal of his/her
application cannot be based on this reason alone.

21

The Minister may issue a regulation providing more detail for the implementation of thisarticle.
Art. 27
Reception centre
The Minister is responsible for a reception centre being in place, with an adequate
reception system, for applicants for international protection. The Ministry may, as
appropriate, entrust a suitable agency, local authority, NGO or other party with its
operation, based on a service agreement.
The reception centre shall be an open reception and service facility, as provided in para.
1, for applicants upon their arrival in the country and, where appropriate for victims ofhuman trafficking and foreign nationals in distress, and it shall ensure the rights andsecurity of applicants and provide them with adequate services.
The Minister issues a regulation providing for a more detailed implementation of thisprovision, including the establishment and general operation of the centre.
Art. 28
Interview with an applicant for international protection
The Directorate of Immigration interviews applicants for international protection in thepresence of an advocate, cf. art. 30, as promptly as possible after an application has beenmade. The advocate shall be given an opportunity to speak with the applicant and advise
him/her prior to the interview.
The interview shall be conducted in such a way as to provide the greatest likelihood of
obtaining information on circumstances which may be of significance for the applicant’s
application. In such interviews the Directorate of Immigration shall ascertain whether anapplicant needs special consideration due to his/her personal circumstances. Aninterpreter shall be present at the interview unless the applicant declines such service.
At the beginning of the interview applicants must be informed that information provided
will be used as a basis in a decision on their application. Applicants must be asked whether
they agree to have the authorities in Iceland obtain information concerning them from
authorities in their home country or other authorities abroad. This shall be done if

22considered necessary to decide on the case, but with a provison regarding the provisionsof art. 15 (2).
If an applicant twice fails to comply with a request from the Directorate of Immigration
to attend an interview under this article, the Directorate may make a decision in the casewithout further action. This step may only be taken on condition that, when the second
request was made, the Directorate of Immigration made fully clear to the applicant theconsequences of failing to attend, and that the failure to attend was without just cause.
The invitation to the latter interview, in such a case, shall be sent by verifiable means.
A person interviewing a minor shall have special expertise in children’s affairs. The
Directorate of Immigration may call upon the assistance of an expert in children’s affairs.
A minor’s advocate under art. 30 shall be given an opportunity to speak with and advise
the minor prior to the interview.
Audio and video recordings may be made of interviews conducted by employees of the
Directorate of Immigration with applicants for international protection, as well asinterviews with the assistance of experts under para. 5. The applicant shall be informed ofsuch recording beforehand.
The Minister may make further provisions in a regulation for conducting interviews,
especially with regard to interviews with minors or others who, because of their situation,
have a greater need for protection or assistance.
Art. 29
Special procedure – accelerated procedure
In cases accepted for processing the Directorate of Immigration and the Immigration andAsylum Appeals Board may decide to accelerate an application for international
protection, for instance, if:a. the application is likely to be approved, or if special circumstances so warrant, e.g. in
the case of an unaccompanied minor or individual requiring greater protection or
assistance,b. the application is manifestly unfounded, i.e.:
1. the foreign national is a national of a state where it is not considered necessary to23

fear persecution or treatment under the provisions of art. 37; the same applies in
the case of a state where a stateless person previously had access to protection,or
2. the foreign national may be sent to a state where he/she does not need to fear
persecution or treatment under the provisions of art. 37,
c. the applicant has provided misleading or insufficient information regarding
him/herself or has not cited circumstances which could be covered by the provisionsof art. 37,
d. the applicant’s behaviour or indications in the documentation suggest that he/she
could present a danger to him/herself or others,
e. a new application is submitted after the refusal of a previous application forinternational protection or withdrawal of an application,f.

it may be deemed evident that the application has been submitted following a decisionof expulsion.

In cases under para. 1(b), the Directorate of Immigration and the Appeals Board may basedecisions on lists of countries which are generally considered safe countries of origin. A
safe country of origin refers to a country in which individuals are not generally at risk ofbeing persecuted or subjected to serious human rights violations. In assessing whether acountry is considered a safe country of origin, account shall be taken, for instance, of
whether it has a stable form of government based on recognised principles of the rule oflaw. Consideration may be given to the experience and practice of other Schengen statesin assessing which countries of origin are considered safe. The Directorate of Immigrationmust maintain such a list, update it regularly and publish it on its website.
The Minister may make further provisions in a regulation1) for conditions for applying
expedited procedure under this article.
1)Regs.no.540/2017, cf.775/2017

Art. 30
Legal assistance in international protection cases
Applicants for international protection are entitled to have the Directorate of Immigration
appoint them an advocate during the processing of their case by the authorities. This right24

also encompasses an appeal process. The advocate shall be a lawyer with knowledge ofissues concerning international protection and refugees.
A minor applying for international protection may also be appointed a guardian, even if
accompanied by parents or other guardians.
A foreign national who has applied for international protection is entitled to aninterpreter’s assistance when his/her application is being processed unless he/she declines
such assistance. The authority assesses in each instance whether to seek the assistance ofan interpreter in Iceland or abroad by suitable means, e.g. via telephone, computerconnection or other telecommunications device.
The provisions of para. 3 apply to an applicant’s communication with his/her advocate if
necessary.
In other respects the provisions of Art. 13 on legal assistance apply as appropriate.
The Minister may make further provisions in a regulation on the implementation of thisarticle, including provisions on advocates and interpreting services and standards
concerning these services and remuneration for them.
Art. 31
Safeguarding a minor’s interests
The Government Agency for Child Protection shall ensure the safeguarding of a minors’s
interests as provided for in art. 3(13). An exemption may be made from this provision if
it is obvious that the person concerned is of legal majority, cf. the provision of art. 26 (3).
This provision applies when the applicant is under the age of legal majority and resides in
Iceland without parents or other guardians, or when the parents or guardians cannot fulfil
their obligations towards the minor, or when a Child Protection Committee deems aminor’s guardianship to be unsatisfactory. This provision also applies to minors who aresuspected to be victims of human trafficking. A person safeguarding a minor’s interests
shall be an expert in the field of child protection and a clean criminal record.
The Government Agency for Child Protection shall ensure a minor is provided with afoster home or other suitable placement, that the minor’s interests are given priority andthat the Child Protection Committee fulfils the minor’s needs in an appropriate manner as

25

provided in the Child Protection Act, for instance, regarding residence, healthcare services
and educational opportunities. The Government Agency for Child Protection shall ensure,among other things, that a member of Child Protection staff:
a. is present when the minor is questioned and in other interviews with representativesof authorities,
b. is present and safeguards the minor’s interests during age assessment, if an age
assessment is requested,c. assists the minor in availing him/herself of services of the Icelandic Red Cross inseeking his/her family members as necessary,d. receives information on the status of the minor’s application and is in contact with theminor’s advocate, cf. art. 30 (1), ande. ensures a safe residence for the minor as provided for in the Child Protection Act;however a minor from age 15 onwards may reside in a reception centre, cf. art. 27,
until an appropriate residence is found.
The Child Protection Committee staff member shall take account of a minor’s nationality,
gender, language and religious and cultural origin, e.g. by ensuring adequate
communication with the minor through an interpreter.
The Government Agency for Child Protection´s responsibility for safeguarding theminor’s interests concludes formally when:a. a minor reaches the age of legal majority, or a minor who claimed to be under the ageof legal majority is deemed to have legal majority by a decision of the Directorate of
Immigration,b. a minor is granted a residence permit in Iceland and the Child Protection Committee
assumes guardianship under the Child Protection Act,c. a minor leaves or is escorted from Iceland,d. the parents or guardian of a minor can fulfil their custodial responsibilities
satisfactorily.
The cost of safeguarding a minor’s interests is paid by the Treasury.

26

Art. 32
Waiver of penalty for illegal entry or forged or stolen documents
In accordance with art. 31 of the International Convention relating to the Status of
Refugees, an applicant for international protection entering Iceland illegally or staying in
the country without authorisation will not be penalised if he/she can demonstrate thathe/she arrived directly from a region where he/she had reason to fear persecution, cf. arts.
37 and 38, or was stateless and without the possibility of obtaining nationality, cf. art. 39,
provided that he/she presents him/herself to the authorities as soon as possible or provides
valid reasons for not doing so and for the illegal entry or residence. Should there be any
doubt that the provisions of clause 1 are satisfied, that shall be interpreted in theapplicant’s favour.
If there is suspicion that a foreign national who has entered Iceland illegally or is staying
in the country without authorisation is covered by para. 1, the police shall investigate thepurpose of his/her stay.
Art. 33
Rights of applicants for international protection
An applicant for international protection shall be offered:a. accommodation,b. basic living expenses,
c. necessary healthcare services, including mental health and mental disability care.
Special consideration shall be given to persons with special needs or requiring special
assistance. Pregnant women shall have access to antenatal and obstetric care.
A minor applying for international protection shall be given an opportunity for education
at compulsory school level or comparable study within the public-school system or at theminor’s place of residence as soon as possible.
The general principle in deciding on accommodation under this provision shall be to keep
families together. In taking such decisions consideration shall also be given to any
possible special needs of applicants who are considered to be in a particularly vulnerable
position.
Minors who have been subjected to abuse, neglect, torture or cruel, inhumane or degrading27

treatment or have suffered because of armed conflict shall be offered suitable healthcare
services, pastoral care and other necessary services in accordance with the Child
Protection Act.
Victims of torture, rape or other grave violence shall be provided with appropriate
healthcare services and pastoral care for trauma arising from this.
A foreign national seeking international protection shall be advised on his/her right toapply for a provisional residence permit under art.77 and the legal effects of this.
Apart from necessary healthcare services, cf. para. 1c, measures under para. 1 shall notgenerally be provided if an applicant for international protection has sufficient means tobear the costs him/herself. A foreign national who has been granted a provisional
residence permit under art. 77, however, shall continue to be entitled to the rights underpara. 1 for a reasonable period, in order to obtain accommodation and sufficient income
according to circumstances. If it transpires that an applicant for international protection
did not require the services provided, the Directorate of Immigration may require him/her
to repay the cost in part or in full.
If the Directorate of Immigration has refused an application from an EEA or EFTA
national for international protection, he/she is not entitled to services under this article.
After consulting with the relevant departmental ministers, the Minister issues a regulation
providing in more detail for the rights of applicants for international protection, including
the requirement that applicants bear the cost of supporting themselves in Iceland, and on
their access to education and vocational training. The Minister may furthermore makeprovisions in a regulation that services for applicants under this provision are confined toa specific local authority or authorities.
Art. 34
Immigration registration certificates for applicants for international protection
Once an application for international protection has been registered the Directorate of
Immigration shall issue an immigration registration certificate to the applicant forinternational protection as promptly as possible. The registration certificate shall be valid
for a specified period of up to one year and the applicant shall hand this over to the police28

or Directorate of Immigration when he/she is issued a residence permit, provisional
residence permit, travel document for a refugee or a passport for a foreign national, or if
he/she is required to leave the country or if he/she for other reasons obtains a passport
from his/her home country once more.
An immigration registration certificate for an applicant for international protection does
not serve as valid confirmation that the personal details listed are correct. It is not a valid
travel document.
Art. 35
Enforcement of decisions in cases concerning international protection or protection
against persecution
A decision that an applicant for international protection under art. 36, 37 or 39 shall leave
the country is not to be implemented until the administrative decision-making process has
been completed, unless the applicant him/herself wishes to leave the country.
[Notwithstanding the provisions of para. 1, an appeal does not postpone the legal effectof decisions by the Directorate of Immigration that the foreign national is to leave thecountry, in those cases where the Directorate of Immigration has concluded that theapplication is manifestly unfounded, and he/she is from a country which is on the
Directorate’s list of safe countries of origin, cp. art. 29 (1) and (2)(b). The same applies
to a decision made by the Directorate of Immigration under the final clause of thisparagraph. Should the Immigration and Asylum Appeals Board receive a request for
postponement of the legal effect of a decision of the Directorate of Immigration or an
appeal against a decision of the Directorate of Immigration not to postpone legal effect,
the Board shall dismiss such an application.] 1) If a foreign national invokes grounds underart. 37, 38, 39 or 42 when informed about the enforcement of the decision, and there is no
indication that account has already been taken of the grounds invoked, the police shallpropose to the Directorate of Immigration that the enforcement be postponed. If the
Directorate of Immigration considers it evident that this is not the case it may then decide
to implement the decision.
…1)
1)

Act no.17/2017, art.1.

29

SECTION IV
Refugees and protection against persecution
Art. 36
Processing of an application for international protection
An application for international protection under art. 37 shall be accepted for processing
unless:a. the applicant has come to Iceland on his/her own initiative after having been granted
effective international protection or some other form of protection in another country,
or if he/she, having resided in a country where he/she was not subject to persecution,
could request recognised refugee status and receive protection in accord with theInternational Convention relating to the Status of Refugees if deemed to be a refugee,
b. another Nordic state may be required to accept the applicant under the Nordic Passport
Convention or under the agreement between Iceland and the Faroe Islands for the
return of foreign nationals arriving in Iceland aboard the ferry Norröna;c. another state, participating in cooperation on the basis of an agreement concluded
with Iceland on points of reference and arrangements for determining which state is
to handle an application for international protection submitted in Iceland or one of thecontracting states, may be required to accept the applicant.
Under the conditions stated in para. 1 an application for international protection shall,
however, be accepted for processing if the foreign national has special ties to Iceland ofsuch a nature that it appears reasonable that he/she should be granted protection, or if
other special circumstances support such action. If more than 12 months have passed since
the application for international protection was first submitted to the Icelandic authorities
and the delays in its process are not caused by the applicant, the application shall beprocessed.
If applying para. 1 would entail a violation of Art. 42, e.g. due to conditions in the country
to which the applicant would be sent, the application shall be processed.
The Minister may make further provisions in a regulation1) for the implementation of thisarticle.
1)Regs.no. 540/2017, cf. 7752017 and 276/2018

30

Art. 37
Grounds for international protection
A refugee within the meaning of this Act is a foreign national who is not in his/her own
country due to a well-founded fear of persecution for reasons of race, religion, nationality,
membership of a particular social group or political opinion, and is unable or unwilling,
owing to such fear, to avail him/herself of the protection of that country; or who is statelessand outside the country of his/her former habitual residence due to such events, and isunable or unwilling, owing to such fear, to return to it, cf. point A art. 1 of the International
Convention Relating to the Status of Refugees of 28 July 1951 and the Protocol to theConvention of 31 January 1967, and cf. art. 38 of this Act.
A refugee within the meaning of this Act may also be a foreign national who is not a
refugee under point A art. 1 of the International Convention Relating to the Status of
Refugees, if there are reasonable grounds to expect that he/she would be in danger of thedeath penalty, torture or other inhumane or degrading treatment or punishment, or at riskof serious harm due to attacks in armed conflict which does not discriminate between
military and civilian targets, should he/she be returned to his/her home country. The same
applies to a stateless person.
To be deemed a refugee under para. 1 or 2, it is not a prerequisite that he/she satisfied
those criteria when he/she left his/her country or country of habitual residence.
If a foreign national can receive effective protection in another part of his/her homecountry than the one from which he/she fled, and if he/she can safely and lawfully travel
there, and if he/she may reasonably be expected to settle in that area, the provisions ofparas. 1 and 2 may not apply in such a case, and he/she may be deemed not to be a refugee.
In assessment under paras. 1 and 2 in cases concerning minors, whether unaccompaniedor not, the best interests of the child shall be paramount. In evaluation of the child’s bestinterests, the Directorate of Immigration shall take account of the minor’s possibilities forfamily reunification, his/her safety, wellbeing and social development; and in addition
his/her views shall be taken into account in accord with his/her age and maturity. When adecision is made in a case concerning the interests of a child, the Directorate of
Immigration shall state its position in writing with regard to the above-mentioned factors

31

under this article. In the implementation of this article the Directorate shall consult withchild protection authorities. In the case of unaccompanied minor´s the opinion of theGovernment Agency for Child Protection must be elicited before a decision is made.
If a government authority under this Act finds that the provisions of para. 1 or 2 do not
apply to a foreign national, it shall on its own initiative investigate whether a residence
permit should be granted on humanitarian grounds, cf. art. 74.
Art. 38
Persecution
Persecution as provided in art. 37(1) consists of actions which by their nature, or because
they are repeated, entail a grave violation of essential human rights, in particularinalienable essential human rights such as the right to life and freedom from torture or
inhumane or degrading treatment or punishment, freedom from slavery or forced labourand freedom from extrajudicial punishment. The same applies to an accumulation ofactions, including illegal discrimination, which have or may have the same or comparable
effect on an individual.
Persecution can inter alia take the form of:a. mental, physical or sexual abuse,b. administrative, police and judicial measures and legislation which entail
discrimination, either materially or due to the manner in which they are implemented,
c. prosecution or punishment which is disproportionate or discriminatory,d. denial of judicial redress resulting in disproportionate or discriminatory punishment,e. prosecution or punishment for refusal to perform military service in a conflict where
performing such service would include crimes or acts under art. 40(2)(b).
In assessment of persecution under para. 1, the definitions in para. 2 shall be applied. In
assessment under art. 37(1), no significance is to be accorded to whether the applicant has
the attributes or opinions which are referred to, if the persecutor considers this to be so:a. race refers predominantly to groups sharing skin colour or other biologicalcharacteristics and social groups of a specific origin and should be interpreted broadly,b. religion refers especially to religious beliefs and other philosophies, including32

atheism, and their expression, participation in any type of religious gatherings,
whether public or not, or a decision not to take part in such, actions based on religious
beliefs and the freedom to change religion,c. nationality includes not only citizenship or statelessness but may include persons who
belong to a specific race or group of people who speak the same language or have acommon cultural identity or a common geographical or political origin, or a groupwhich is defined based on its connection with a group of people in the territory of
another state;d. social group refers mainly to a group of people who, in addition to being persecuted,
share similar origins, background, customs and social status, or share characteristics
or a philosophy, e.g. sexuality, which are so essential to their identity that no demandshould be made that this be changed, or a group of people deemed to differ from therest of society; and those who have been victims of human trafficking shall be deemed
members of such a social group,
e. political opinions refer in particular to views on policy and methods of governments
which may apply persecution, regardless of whether the person concerned has taken
any action to express his/her views.
Those parties which may cause persecution or inhumane or degrading treatment are:a. the state,b. groups or organisations which control the state or a substantial portion of its territory,c. other parties which do not exercise the power of a state, if it is demonstrated that thestate or groups or organisations under (b), including international bodies, cannot orwill not provide protection against persecution or treatment under art. 37(2), forinstance by prosecuting or punishing them for actions which involve persecution.
Art. 39
Stateless individuals
A stateless individual is a person not regarded by any state as a citizen under the relevant
national law, cf. the Convention Relating to the Status of Stateless Persons of 1954. A
stateless individual who is in Iceland but is not deemed a refugee under art. 37 and is not
excluded from the status of statelessness under art. 41, has an independent right to33

international protection on the ground of his/her status as stateless, upon application.
International protection under this provision is granted on the basis of the Convention
Relating to the Status of Stateless Persons. The Directorate of Immigration considers
applications made by stateless individuals.
The Minister may make more detailed provisions for procedure in a regulation.
Art. 40
Right to international protection
A refugee under art. 37 who is in Iceland or arrives in Iceland is, upon application, entitled
to international protection.
The provision of para. 1 do not apply, however, to:a. a refugee covered by point D or E of art. 1 of the International Convention Relating
to the Status of Refugees;
b. a refugee, if there are strong grounds to believe that:
1. he/she has committed a crime against peace, war crime or crime against
humanity, as defined in international conventions concluded to provide for suchcrimes,2. he/she has committed a major non-political offence prior to being accepted as a
refugee,
3. he/she has performed actions which are incompatible with the purpose andprinciples of the United Nations;c. a refugee under art. 37(2), if there are reasonable grounds to believe that he/she posesa threat to national security, or if he/she has been finally convicted of a very grave
criminal offence, and presents for these reasons a danger to society;d. a refugee under art. 37(2) if he/she has left his/her home country or country where
he/she most recently had a fixed residence for the sole purpose of avoiding
punishment for one or more crimes for which the penalty would be imprisonment
under the Icelandic Penal Code.
Foreign nationals under para. 2 who may not be expelled due to provisions of art. 42 aresubject to the provisions of that article.

34

Art. 41
Exclusion from legal status of stateless individuals
The provisions of art. 39 on international protection of stateless individuals do not applyto:a. individuals who already receive protection or assistance from agencies of the United
Nations, other than the United Nations High Commissioner fro Refugees, for as longas they enjoy such protection or assistance,
b. individuals, if the competent authorities of the country in which they reside haveacknowledged that they have the rights and obligations of citizenship in that country,
c. individuals, if there are strong reasons to believe that:
1. they have committed a crime against peace, a war crime or crime against
humanity, as defined in international conventions concluded to provide for suchcrimes,2. they have committed a grave non-political offence outside their country ofresidence before being permitted to enter Iceland,
3. they have performed actions which are incompatible with the purpose andprinciples of the United Nations.
Art. 42
Principle of non refoulement: prohibiting expulsion or return of an individual to a place
where his/her life or freedom may be in jeopardy
Under this Act a foreign national or stateless person may not be sent to a region where
he/she has reason to fear persecution, cf. arts. 37 and 38, or where he/she is in imminent
danger of being killed or subjected to inhumane or degrading treatment due tocircumstances similar to those pertinent to the refugee concept. The same applies toindividuals excluded from the legal status of refugee under art. 40.
Para. 1 also applies to returning a foreign national to a region where it is not guaranteedthat he/she will not be sent on to such a region as is defined in para. 1.
Protection under paras. 1 and 2 applies to any decisions made under this Act.
If the circumstances are as provided in para. 1, but the individual in question is excluded
from international protection under arts. 40 or 41, a foreign national may be granted a35

provisional residence permit under art. 77, with the special provisos stated therein.
Art. 43
Arrival of refugee groups on government invitation
The Directorate of Immigration may authorise groups of refugees to enter Iceland on a
proposal from the Icelandic Refugee Board, cf. art. 9, and in cooperation with the United
Nations High Commissioner for Refugees. The same applies to groups of foreign
nationals who have not been deemed to be refugees, but come from a country where armed
conflict is taking place or from a region of natural disaster, and fulfil conditions laid downby the authorities at any time.
The Directorate of Immigration grants a foreign national who is authorised to enter
Iceland on the basis of this provision the legal status of refugee. The Directorate may alsodecide whether other foreign nationals who enter the country on the basis of this provision
are to be granted refugee status or a residence permit on humanitarian grounds.
The provisions of Sections IV and V of the Administrative Procedures Act, on the rightof rebuttal and on promulgation of a decision, arguments, etc., and the relevant provisionsof Section III of this Act do not apply to decisions under para. 1.
Art. 44
Collective protection in a mass flight situation
In a case of mass flight the Minister may decide to apply the provisions of this article. The
Minister also decides when authorisation to provide collective protection under paras. 2
and 3 shall cease.
A foreign national who is a member of a group which flees a specified region and arrivesin Iceland, or is in Iceland when the provisions of the article are applied, may upon
application for international protection be granted protection on the basis of a groupassessment (collective protection). This entails that the foreign national will be granted aresidence permit under art. 74. The permit cannot serve as basis for the issue of apermanent residence permit.
The residence permit may be renewed or extended for up to three years from the time it
was first issued to the applicant. After that a permit under art. 74 may be issued, which36can be the basis of a permanent residence permit. One year after such a permit is issued apermanent residence permit may be issued, provided that conditions for holding the permit
still exist and other requirements are met, cf. art. 58.
An application of a foreign national covered by para. 2 with respect to international
protection may be deferred for up to three years from the time the applicant first received
a residence permit. Once the authorisation to grant collective protection under para. 1 has
expired, or when three years have passed since the applicant first received a residence
permit, the applicant shall be informed that the application for international protection
will only be processed if he/she expresses unequivocally that this is his/her wish, withina specified time limit.
The Directorate of Immigration makes decisions on permits and on deferral.
Art. 45
Legal effects of international protection
International protection or recognition of statelessness under arts. 37 and 39 entails thatthe foreign national is granted the legal status of a refugee or stateless person, and he/sheshall be granted a residence permit under art. 73. He/she has the legal status that arises
from Icelandic law and the International Convention Relating to the Status of Refugees,
the Convention regarding the Status of Stateless Persons or other international agreementson refugees.
The spouse or cohabiting partner of a foreign national who has been granted international
protection under this Section, and his/her children aged under 18 who are not married or
cohabiting, are also entitled to international protection unless special circumstances
militate against this. Family relationships undertaken after the submission of an
application for international protection are subject to the provisions of Section VIII.
When a minor under the age of 18 years has been granted international protection, his/herparents are also entitled to protection, provided that it is deemed evident that they have
had custody of the minor and that they intend to live with the minor in Iceland. In a casewhere one parent has had custody of the minor, he/she shall enjoy this entitlement. The
entitlement also applies to siblings of the minor aged under 18 years, who are not marriedor cohabiting and live with their parent or parents.

37

When an unaccompanied minor is granted international protection under the provisions
above, a child protection committee shall immediately take over the custody of the minor
and ensure his/her safety in accordance with the Child Protection Act and, whereappropriate, place the minor in foster care or other appropriate placement.
The Minister issues, in consultation with relevant departmental ministers, a regulation on
provisions to be made regarding inter alia education, instruction about Icelandic society
and work training, in order to support to those who have been invited by the Icelandic
government under art. 43, those granted a residence permit on grounds of international
protection under art. 73 or on humanitarian grounds under art. 74, and those whose
applications are under consideration.
The Minister may make further provisions in a regulation for conditions for family
reunification on the basis of para. 2, including which of the conditions in art. 55 must be
met.
Art. 46
Travel documents for those who have been granted international protection andpassports for foreign nationals
A person granted international protection who resides or is permitted to reside lawfully in
Iceland shall upon application be provided with a travel document for refugees to travel
abroad. An application for a travel document may be refused:
a. in circumstances which would lead to refusal of an Icelandic citizen’s application fora passport under art. 5 of the Passport Act.
b. where parents have joint custody and one of them intends to take the minor out of thecountry without the permission of the other, cf. art. 28(3) of the Children Act,c. under the circumstances described in art. 1 F of the International Convention Relating
to the Status of Refugees,d. the foreign national has received a final conviction of a very grave crime and isdeemed a danger to society,e. the identity of the foreign national has not been established or doubt exists as to his/her
identity,f.

when foreign policy or reasons concerning the security of the state militate against it.

38

If a refugee holds a travel document issued by another state, he/she shall only be issued
with a document if he/she has been granted international protection or a permanent
residence permit in Iceland, or if it is obligatory under an international agreement to issue
a refugee travel document.
A foreign national who has, or obtains, a residence permit in Iceland on grounds of an
application for international protection, but has not been granted international protection,
shall be issued with a passport for foreign nationals for travel abroad in accordance withfurther rules provided by the Minister in regulations. The issue of a passport for foreign
nationals may also be authorised under other circumstances if special circumstances
support such action.
An application for a travel document for refugees or a passport for foreign nationals mustbe accompanied by a passport or other travel documents in the applicant’s keeping.
A travel document shall be revoked when:a. the holder of the document is expelled on the basis of art. 98(1)(f), art. 99(1)(d), art.
100(1)(b), or art. 106(1)(j) or (k),b. the holder acquires a travel document from his/her home country,c. the holder forfeits his/her status as a refugee by being granted Icelandic citizenship or
citizenship of another state, or forfeits it in some other manner, cf. art. 48,
d. the holder is prohibited by law from leaving Iceland,e. departure from Iceland would be in violation of a court verdict or ruling or an official
decision,f.

the appearance or content of the document has been unlawfully altered.

A travel document may be revoked when:a. the conditions provided in para. 1 (a), (b) or (e) apply,
b. it has been damaged or is unfit for use for other reasons,c. the photograph or information in the document are inconsistent with the holder’sidentifying features,
d. it is found in the keeping of an unauthorised person,e. the holder no longer has a permit to reside in Iceland.

39

The police or personnel of the Icelandic foreign service may temporarily seize a travel
document, and must refer the matter to the Directorate of Immigration for administration
and, if applicable, a decision to revoke. When a travel document is revoked under para.
5(d) or (f), or para. 6(a)-(e), the Directorate of Immigration makes a record of therevocation in the Passports Register.
The Minister may make further provisions in a regulation, inter alia with respect to theissue, scope, renewal and revocation of travel documents for refugees and passports forforeign nationals and more specific criteria in this connection.
Art. 47
Applicability of foreign decisions on refugee status
A foreign national who has been granted international protection or provided with a travel
document for refugees in another state than Iceland shall be deemed a refugee withpermanent residence in that state. The same applies to a person whose statelessness has
been verified. A prior decision on his/her status as a refugee or stateless individual shallnot be challenged unless the decision is incorrect or unless other reasons so warrant.
Art 48
Revocation of international protection
International protection may be revoked if a refugee or stateless person is no longer
covered by the conditions of arts. 37 and 39, i.e. if:
a. he/she has voluntarily sought the protection of his/her home country once more,b. he/she has voluntarily regained his/her lost nationality,c. he/she has acquired a new nationality and enjoys the protection of his/her new homecountry,d. he/she has voluntarily resumed residence in the state which he/she left or did not
reside in for fear of persecution,e. he/she can no longer refuse to avail him/herself of the protection of the home country
because the conditions which resulted in his/her being recognised as a refugee nolonger prevail,f.

he/she can return to the state where he/she previously normally resided because theconditions which resulted in his/her being recognised as a refugee no longer prevail,40

in the case of a stateless person.
International protection shall not be revoked under para. 1(e) or (f), if the foreign national
can provide compelling reasons for refusing to return to the country where he/she waspreviously a permanent resident, due to prior persecution.
International protection may be revoked if it transpires that a foreign national covered by
the provisions of art. 40(2)(b)(1) or (2), or art. 41(c)(1) or (2) has been granted
international protection in Iceland.

The Directorate of Immigration shall inform a refugee in advance when revocation of ainternational protection is a possibility, and why. If international protection is revoked,
the authorities shall consider whether a residence permit should be granted onhumanitarian grounds under art. 74, or whether art. 42 applies.

SECTION V
Stay and Residence
Art. 49
Stay without a residence permit
A foreign national whose entry into Iceland requires a visa may not stay in Iceland any
longer than the visa states, unless special permission is granted. Other foreign nationals
may not, without special permission, stay in Iceland for more than 90 days, starting fromthe day of their arrival. A stay in the territory of a state that participates in the Schengencooperation is equivalent to a stay in Iceland.
Nordic citizens may reside in Iceland without a residence permit.
The Minister may make further provisions in a regulation for stay exceeding three months
if this is consequent upon an international agreement, and further provisions concerning
how the length of stay is to be calculated.
Moreover, the Minister may make further provisions in a regulation concerning additional
exceptions to the requirements for residence permits.

41Art. 50
Persons who require a residence permit
A foreign national who intends staying in Iceland longer that he/she is permitted asprovided for in art. 49 must have a residence permit.
A foreign national who intends to undertake paid employment in Iceland must have aresidence permit, in addition to a work permit when this is required by the Foreign
Nationals’ Right to Work Act. A foreign national may not work in Iceland as a selfemployed individual unless he/she is exempt from requirements for a work permit asprovided for in the Foreign Nationals’ Right to Work Act.
Art. 51
Duty to apply for a residence permit before arriving in Iceland
A foreign national who is applying for a residence permit for the first time shall apply forthe permit before he/she arrives in Iceland, and he/she may not arrive in Iceland until theapplication has been approved. This requirement may be waived if the applicant for the
residence permit is exempt from visa requirements or he/she is in Iceland and:a. is the spouse or cohabiting partner of an Icelandic or other Nordic national or a foreign
national who is lawfully resident in Iceland on the basis of a permanent residence
permit or a residence permit that could be the basis for a permanent residence permit,
b. is the child of an Icelandic or other Nordic national or a foreign national who resides
or is allowed to reside lawfully in Iceland in accordance with a permanent residence
permit or a residence permit that could be the basis for a permanent residence permit,
where the minor is under the age of 18 years,c. is an applicant for a residence permit for reasons of employment requiring expert
knowledge under art. 61, a residence permit for athletes under art. 63 or a residence
permit for specialist workers on the basis of a collaboration or service agreement
under art. 64.
The exceptions listed in para. 1c are valid while an applicant has permission to stay basedon a valid visa, or while an applicant may stay without a visa.
The conditions in para. 1 may be waived in other circumstances, if compelling reasons offairness so recommend.

42

An application for a residence permit made in Iceland by an applicant not exempt underparas. 1 and 2 from applying for a residence permit before arriving in Iceland, shall bedenied under those provisions. The same is true if an applicant arrives in Iceland before
his/her application has been approved.
The Minister may make further provisions in a regulation for exemptions under para. 3.
Art. 52
Applications for residence permits
The Directorate of Immigration makes decisions on granting residence permits, and the
Directorate of Labour makes decisions on granting work permits. An applicant shall sign
an application in his/her own hand, stating inter alia that he/she consents to undergo a
medical examination within two weeks of arriving in Iceland, in accordance with current
legislation and instructions from the health authorities.
The application shall be accompanied by those documents and certificates that the
Directorate of Immigration requires as confirmation that the applicant fulfils conditions
provided in acts, regulations and other administrative provisions. The Directorate of
Immigration forwards applications for work permits to the Directorate of Labour forprocessing.
The Minister makes further provisions in a regulation for the implementation of thisarticle, inter alia what documents and certificates the applicant shall submit, requirements
for submitted documents, who shall assess the validity of documents, and exemptions
from requirements for documents.
Art. 53
Priority and expedited applications for residence permits
The Directorate of Immigration may prioritise applications for residence permits.
The Directorate of Immigration may also expedite applications for residence permits on
the basis of employment, upon payment of a special service fee.
In exceptional cases, the Directorate of Immigration may expedite the processing of otherfully completed residence permit applications due to external factors beyond its control,or to other special circumstances.

43

The Minister issues a regulation on further implementation of this provision.
The Directorate of Immigration is responsible for collecting service charges under thisarticle.
Art. 54
Issue of residence permits
A residence permit will not be issued until the application for a residence permit has been
approved, the foreign national has arrived in Iceland, has undergone a medical
examination as attested by a certificate issued by a health institution and has completed
the registration of his/her address in Iceland. The Directorate of Immigration issues aresidence permit card attesting that a residence permit has been issued. The card is issued
in the name of the holder of the residence permit. In order to enable identification of theholder of the residence permit and establish that the holder is the individual he/she claims
to be, a digital photograph of the applicant shall be taken and printed on the residence
permit card. For the same purpose, the Minister may decide that the residence permit cardshall include a microchip containing the information recorded on the card, together withthe holder’s fingerprints. The certificate shall state inter alia the foreign national’s nameand nationality, the name of his/her employer where appropriate, and the period for which
the residence permit is valid.
The Minister may make further provisions in a regulation for a fee for reissuing theresidence permit card.
Art. 55
Basic requirements for a residence permit
A foreign national may be granted a residence permit under the provisions of Sections
VI–IX in accordance with an application if he/she meets the following basic requirements:
a. his/her means of support, as provided for in art. 56, and health insurance are secure,b. he/she meets the requirements for a residence permit as provided in this Act,c. he/she consents to undergo a medical examination within two weeks of his/her arrivalin Iceland, in accordance with current legislation and the instructions of the healthauthorities,
d. no factors are known to exist which could result in his/her being refused entry into44

Iceland or residence in the country under other articles of this Act.
The purpose of the applicant’s stay in Iceland shall be in accordance with the residence
permit for which he/she applies.
The Minister may make further provisions in a regulation about requirements as provided
for in para. 1(a)–(d).
Art. 56
Secure means of support for foreign nationals applying for residence permits
A foreign national who is over 18 years old and applying for a residence permit shalldemonstrate that he/she has a secure means of support for the whole of the proposed
residence period in Iceland.
Evidence of means of support must be in a currency registered by the Central Bank of
Iceland.
Payment in the form of social assistance by the state or a local authority is not deemed asecure means of support for the purpose of this article.
The Minister may, in consultation with the Minister responsible for social affairs, makefurther provisions in a regulation about requirements for secure means of support,
including what is considered to be secure means of support, how support shall be
implemented and under what circumstances the requirements for secure means of support
may be waived.
Art. 57
Renewal of residence permits
The Directorate of Immigration may renew a foreign national’s residence permit upon
application if the conditions for the permit continue to be fully met. However, in special
cases requirements for secure means of support under art. 55(1)(a), cf. art. 56, may be
waived if the support has been insecure for a short period due to unemployment, accident
or ill health, or comparable reasons, and also if compelling reasons of fairness sorecommend.
A foreign national who wishes to renew a residence permit shall apply no later than fourweeks before the residence permit expires. If applying for a renewal within the prescribed45

time limit, a foreign national may stay in Iceland in accordance with the previous
residence permit until a decision has been made on his/her application. Otherwise, theforeign national shall leave Iceland before the expiration date of his/her previous
residence permit.
If no application to renew a residence permit has been made before the expiration date of
the previous one, the right to stay shall be cancelled and the application shall proceed
under the provisions in art. 51.
The Directorate of Immigration may allow a foreign national to stay in Iceland under
his/her previous permit until a decision has been made based on an application to renew
a permit that has been received after the deadline referred to in para. 2 if compelling
reasons of fairness so recommend.
The Directorate of Immigration may allow a foreign national who has stayed in Icelandon the basis of a different type of residence permit than those mentioned in arts. 64, 66,
67 and 68, and who applies for a residence permit on a new basis, to continue to stay in
Iceland until a final decision has been made on his/her application, if the foreign national
applies for a new permit no later than four weeks before the previous residence permit
expires and has also been lawfully staying in Iceland for at least the last nine months.
If a foreign national applies for a residence permit in Iceland on a new basis, without
fulfilling the conditions of para. 5, his/her application shall be denied for that reason.
However, in special circumstances the Directorate of Immigration may, if compelling
reasons of fairness so recommend, allow an applicant who does not fulfil the previously
stated conditions to stay in Iceland until a decision has been made on his/her application.
The Directorate of Immigration decides if a residence permit should be cancelled when
the permit holder has stayed abroad for longer than a continuous period of three months.
A foreign national’s residence permit is automatically cancelled if his/her domicile, which
was registered in Iceland, has been registered abroad for a period of three months.
Although the residence permit is cancelled, this does not prevent the foreign national fromapplying for a renewal under these provisions, if he/she does so before the expiration dateof the previous residence permit and reasons of fairness so recommend.

46

The Minister may make further provisions in a regulation for the renewal of residence
permits.
Art. 58
Permanent residence permits
A foreign national may be granted a permanent residence permit if he/she has resided in
Iceland continuously for the previous four years on the basis of a residence permit that
may be grounds for a permanent residence permit. The conditions for granting apermanent residence permits are as follows:a. the foreign national continues to fulfil the requirements for a residence permit while
he/she applies for a permanent residence permit,b. the foreign national demonstrates that his/her means of support have been secureduring his/her stay, and that he/she has been and will be able to support him/herself
in Iceland in a lawful manner; the Directorate of Immigration is inter alia authorised
to acquire tax returns and data from tax authorities to verify this; payments in the formof social assistance from the State or a local authority are not deemed to be securemeans of support under this provision,c. the foreign national has attended a course in Icelandic for foreigners, cf. however para.
9,d. there are no open cases that could lead to the foreign national’s expulsion from
Iceland, cf. art. 98(1), or art. 99(1),e. the foreign national is not involved in a case in the criminal justice system that has
not yet been brought to a conclusion, in which he/she is suspected or accused of
criminal behaviour.
In exceptional circumstances the fulfilment of particular requirements according to para.
1 may be waived:a. requirements for secure means of support, cf. para. 1(b), if it has been insecure for ashort period and compelling reasons of fairness so recommend,b. requirements that the foreign national has resided in Iceland for the previous four
years according to a residence permit that can be the basis for a permanent residence
permit, where the foreign national has had such a residence permit for at least two

47

years and has previously resided in Iceland continuously under a residence permit inconnection with study, cf. art 65, such that the total stay exceeds four years, or wherea doctoral student has resided in Iceland under a residence permit for people withexpert knowledge, as provided for in art. 61, for at least three years and been awarded
a doctorate in Iceland.
In certain circumstances, a foreign national may be granted a permanent residence permit
in Iceland without meeting the conditions for a previous stay as provided for in para. 1
and para. 2(b):a. a foreign national who is the child of an Icelandic citizen, if he/she has had a residence
permit in Iceland continuously for the two years prior to the submission of theapplication, and his/her parent has held Icelandic citizenship for at least five years,
b. a foreign national who is married to an Icelandic citizen, and has lived with the
Icelandic citizen in Iceland and held a residence permit continuously for three years
since the marriage; this also applies to a foreign national in a registered partnershipwith an Icelandic citizen, on condition that neither partner is married,c. a foreign national who acquired Icelandic citizenship at birth but has lost or renounced
it,d. a young person who has attained the age of 18 and resided in Iceland on the basis offamily reunification for at least four years and studied or worked in Iceland.
A minor born after his/her custodial parent arrives in Iceland may be granted a permanent
residence permit on condition that the parent holds a permanent residence permit in
Iceland.
The provisions in para.1(b) do not apply to those who have held a residence permit on thebasis of international protection according to art. 73, or on humanitarian grounds
according to art. 74.
The Directorate of Immigration makes decisions on permanent residence permits. A
foreign national who wishes to acquire a permanent residence permit shall apply for it to
the Directorate of Immigration not later than four weeks before his/her residence permit
is due to expire. He/she may continue to reside in Iceland until a decision regarding his/her
application has been made, on condition that the application is received by the Directorate48

of Immigration before the stated deadline. The provisions in art. 57(4) and (7) apply toapplications received after the deadline.
The Directorate of Immigration decides if a permanent residence permit should becancelled when the holder has resided abroad for more than 18 months in a four-year
period. A foreign national’s permanent residence permit is automatically cancelled when
his/her domicile, which had been registered in Iceland, has been registered abroad for acontinuous 18-month period. In response to an application, a foreign national may bepermitted to reside abroad for a longer period without his/her permanent residence permit
being cancelled.
On granting a permanent residence permit, the Directorate of Immigration issues a cardin confirmation of this under art. 54. The card is issued in the name of the foreign national
who is the holder of the permit.
The Minister may make further provisions in a regulation regarding permanent residence
permits, including for stays abroad as provided for in para. 7, and about courses in
Icelandic for foreigners as provided for in para. 1. These shall include provisions on thelength of the course, minimum attendance requirements and certificates confirming
participation. Provisions may also be made regarding exemption from participation incourses in Icelandic for foreigners who have acquired a satisfactory knowledge of
Icelandic, and on tests to confirm this. Furthermore, a regulation may contain provisions
for exemptions from the obligation to attend the course, and on participation fees for thecourses or tests.
Art. 59
Revocation of residence permits
The Directorate of Immigration may revoke a residence permit or permanent residence
permit if a foreign national, at the time of application, knowingly supplied incorrect
information or failed to disclose something that could be of material significance for the
granting of the permit, or if he/she no longer fulfils the criteria for granting a residence
permit or permanent residence permit; or if this otherwise follows from the generalprinciples of administrative law.
After revocation of a permit on grounds of supplying incorrect information or failing to49

disclose something that could be of material significance for the granting of the permit,
the legal status of the foreign national shall be as though he/she had never been granted
that permit or any other permit based on the same premises.
Art. 60
Duty to report
A foreign national who has received a residence permit before his/her arrival in Icelandshall report to the Directorate of Immigration, or the District Commissioner’s Office if
outside Reykjavík, within one week of his/her arrival. The same applies to a foreign
national who arrives in Iceland and intends to apply for a residence permit or otherwise
requires such a permit.

SECTION VI
Residence permits on grounds of employment
Art. 61
Residence permit for work requiring expert knowledge
A foreign national may be granted a residence permit on grounds of employment in
Iceland for which expert knowledge is required. The conditions for granting a residence
permit under this provision are inter alia the following:a. that the foreign national meets the requirements of art. 55(1) and (2), andb. that a temporary work permit for a job that requires expert knowledge has been
granted in conformity with the Foreign Nationals’ Right to Work Act.
A residence permit under these provisions may be issued for periods up to two years,
although never for longer than the period covered by the work permit. The residence
permit may be renewed for up to two years at a time, although never for a longer period
than the period covered by the work permit, providing that the requirements of para. 1 aremet.
The residence permit of a foreign national who has been issued with a residence permit
under the provisions in this article and then lost his/her job, may be renewed for up to
three months from the date when he/she lost the job, or from the end of the period ofnotice, so that he/she is able to seek another job on the basis of his/her expert knowledge.

50

In that case the requirement in para. 1(b) need not be fulfilled.
A permit granted under these provisions may constitute the basis for a permanent
residence permit.
Art. 62
Residence permit relating to labour shortage
A foreign national may be granted aresidence permit on grounds of employment in Icelandwhen there is a labour shortage in Iceland. The conditions for issuing residence permits
under this provision are inter alia the following:a. that the foreign national meets the requirements in art. 55(1) and (2), andb. that a temporary work permit due to labour shortage has been issued under provisions
in the Foreign Nationals’ Right to Work Act.
A residence permit under these provisions shall not initially be issued for more than one
year, and in no case for a longer period than the term of the work permit. The residence
permit may be renewed for up to one year at a time.
A permit may be renewed for longer than the period specified in para. 2 in the case of aclearly determined work project of fixed duration which has a completion period longer
than that stated in that paragraph. In such cases, a residence permit may be issued for theperiod for which the work permit is valid. A foreign national who has held a residence
permit under provisions in this article may not be granted a new permit until he/she has
been continuously resident abroad for a two-year period commencing after the older
residence permit expires. However, this provision does not apply in cases where theforeign national has worked in Iceland for less than eight months in each twelve-month
period.
A residence permit issued under this article may constitute the basis for a permanent
residence permit.
Art. 63
Residence permits for athletes
A foreign national may be granted a residence permit on grounds of an athlete’s
employment with a sports club within the National Olympic and Sports Association of51

Iceland. The conditions for granting a residence permit under these provisions include thefollowing:a. that the foreign national meets the requirements of art. 55(1) and (2), andb. that a temporary work permit for athletes has been granted on the basis of provisions
under the Foreign Nationals’ Right to Work Act.
A residence permit granted under the provisions in this article shall not initially be issued
for more than one year, and in no case for a longer period than the term of the work permit.
It may be extended for up to two years at a time, providing that the conditions of para. 1
are met.
A permit granted under these provisions may constitute the basis for a permanent
residence permit.
Art. 64
Residence permits for employees with specialist skills, on the basis ofa collaboration or service contract
A residence permit may be issued for a foreign national who is to be sent to Iceland on
behalf of an employer that does not have a place of business in Iceland, for a job requiring
specialist skills. The conditions for issuing a residence permit under these provisions
include the following:a. the foreign national fulfils the requirements in art. 55(1) and (2),b. a temporary work permit has been granted in accordance with the Foreign Nationals’
Right to Work Act, on the basis of a service contract or collaboration agreement for
educational, scholarly or scientific work.
A residence permit in accordance with this article shall usually not be issued for longer
than six months on the basis of a single contract, and in no case for a longer period than
the term of the work permit.
A permit granted under these provisions cannot constitute the basis for a permanent
residence permit.

52

SECTION VII
Residence permits in connection with study or cultural exchangeArt. 65
Residence permit on grounds of study
A foreign national intending to pursue full-time study in Iceland may be granted aresidence permit, provided that he/she is over 18 years old and meets the requirement forthe course of study. [Full-time study is continuous study at higher-education level,
including higher-education-level study which takes place in workplaces, or other study
with comparable requirements regarding previous study as for study at higher-educationlevel. Individual courses are not deemed to be full-time study.]1)
The conditions for granting a residence permit under this article include the following:a. that the foreign national meets the requirements in art. 55(1) and (2), andb. that he/she pursues full-time studies in Iceland, as confirmed by a certificate or similarfrom the relevant educational institution.
A foreign national who meets the requirements in para. 2 may be granted a residence
permit if he/she comes to Iceland through the agency of a recognised student exchange
programme, in which case the age requirement in para. 1 may be waived.
A foreign national may be granted a residence permit under these provisions, provided
that he/she fulfils the requirements in para. 2(a), for a study placement in a workplace in
Iceland, provided that a temporary work permit has been granted under the provisions in
the Foreign Nationals’ Right to Work Act.
[A foreign national may be granted a residence permit under this article, where theprovisions of para. 2 are fulfilled, for technical study and recognised workplace study athigher-education level.]2)
A residence permit under provisions in this article shall normally not be granted for morethan twelve months at a time. A residence permit under these provisions may be extended
during a study period if the foreign national continues to meet the conditions in paras. 1
and 2 of this article and is able to demonstrate a satisfactory standard of academic work,where required. For the first renewal of the residence permit, it is an acceptable53

performance level if the foreign national has completed a total of at least 75% of a fullstudy load in the study year. Requirements for a satisfactory performance level may be
waived in the case unmanageable external circumstances, such as accident or serious
illness.
A residence permit for a master’s or doctoral student who is working on a thesis may berenewed even though no academic credits have been completed during the permit’s
period, if the relevant educational institution confirms his/her study progress.
The residence permit of a foreign national who has completed a university degree in
Iceland may be extended by up to six months from the graduation date, to allow him/her
to seek employment on the basis of his/her expert knowledge, even where the conditionsof para. 2 are not met.
A residence permit granted under this article cannot constitute the basis for a permanent
residence permit; but cf. art. 58(2)(b).
1)

Act no. 89/2017, art. 2

2)

Act no. 54/2017, art. 1

Art. 66
Residence permit based on agreements between Iceland and other states
A national of a particular state, aged 18–26 years old, may be granted a residence permit
based on an agreement that the Icelandic government has made with the home country of
the foreign national, regarding the stay of its citizens for the purpose of acquainting
themselves with Iceland and its culture.
The conditions for granting a residence permit under provisions in this article include thatthe requirements in paras. 1 and 2 of art. 55 are fulfilled, and that the foreign national has
not previously been granted a residence permit in Iceland on the basis of such an
agreement.
A residence permit granted under these provisions shall be granted for a maximum of
twelve months and may not be renewed.
A residence permit granted under these provisions cannot constitute the basis for apermanent residence permit.

54

Art. 67
Residence permits for volunteers and missionaries
A foreign national over 18 years of age may be granted a residence permit in Iceland inorder to work for a non-governmental organisation working in charitable or humanitarian
fields, operating on a non-profit making basis and exempt from tax under art. 4 of the
Income Tax Act, as may foreign nationals whose stay in Iceland is for a religious purposeon behalf of the Church of Iceland or another registered religious organisation.
Conditions for the granting of a residence permit under this article include:a. that the foreign national fulfils the requirements in art. 55(1) and (2),b. that he/she holds a ticket for his/her return from Iceland at the end of the period, except
when the stay is in connection with the Church of Iceland or another registeredreligious organisation,c. that an invitation to the foreign national from an Icelandic body can be shown to exist,
cf. para.1, regarding coming to Iceland to work for the host , detailing the purpose forthe stay in Iceland, the length of stay, and the work to be undertaken by the individual,d. that a connection exists between the work to be done by the foreign national and thework of the party, cf. para. 1.
A foreign national issued with a residence permit under these provisions may not engage
in paid employment on the Icelandic labour market during his/her stay.
The maximum stay under these provisions is twelve months, and a renewal of theresidence permit is not normally allowed. In the case of a stay on behalf of the Church of
Iceland or other registered religious organisation, however, the residence permit may berenewed for one year at a time, if the conditions of this article are still met.
The requirements in para. 1 on working for an organisation may be waived if the proposed
stay can be demonstrated to be for a verified charitable or humanitarian purpose.
A residence permit granted under these provisions cannot constitute the basis for apermanent residence permit, except for a residence permit granted in connection with the
Church of Iceland or other registered religious organisation.
The Minister may make further provisions in a regulation for granting a residence permit

55under this article, including requirements of means of support, conditions to be met forrecognition of organisations, and what work the foreign national may undertake.
Art. 68
Residence permits for au pairs
A foreign national may be a granted a residence permit in connection with work as an aupair in a family home in Iceland. An applicant must fulfil the requirements in art. 55(1)and (2), and not be younger than 18 years old or older than 25 at the time of application.
The host family shall consist of a married or registered cohabiting couple with a child orchildren, or a single parent with a child or children. If the host family consists of people
who are not Icelandic citizens, at least one adult must have a permanent residence permit.
There must not be a familial connection between the applicant and the host family.
Each host family may only have one foreign national at a time as an au pair and shallprovide the au pair with food and a separate room for his/her use, in the family home. The
Directorate of Immigration may request further information about the host family,
including any financial or other assistance from the social services of the relevant local
authority, and also criminal record information in Iceland or abroad, if deemed necessary
by the Directorate.
An application under this article shall be refused if it is deemed likely that the applicant
will not leave Iceland when the residence permit expires. The Directorate of
Immigration’s evaluation may be based on information about the applicant or his/herhome country, general experience of applicants in the same or a similar situation as theapplicant, the purpose of the application, experience of the host family, and whether theapplicant has previously applied for international protection or a residence permit in
Iceland on other grounds. A residence permit shall also be denied if there are reasonablegrounds for suspicion that the application for an au pair is being used for the purpose ofa misuse of labour or any other unlawful purpose.
A residence permit under the provisions in this article shall not be issued for more than
one year, and in no case for a period longer than the engagement period according to theau pair contract. A permit may not be renewed under this article. Furthermore, the foreign
national may not be granted a residence permit under the provisions of Section VI until

56

he/she has been continuously resident abroad for two years following the end of the termof the au pair permit.
If the au pair’s engagement is terminated before the end of the engagement period
according to the contract between the parties, both the au pair and the host family shallnotify the Directorate of Immigration or the party that acted as an intermediary inarranging the engagement, if applicable. The au pair may make a contract with a new hostfamily, provided that all the requirements of this article are met. The total stay period as
an au pair, for one or more host families, may not exceed one year.
A foreign national issued with a residence permit under these provisions may not be
employed outside the host family home during the period of engagement, neither for paid
nor unpaid work.
The police shall, if requested by the Directorate of Immigration, go to the au pair’s home
and investigate conditions there, cf. art. 110.
A residence permit issued under these provisions cannot constitute the basis for apermanent residence permit.
The Directorate of Immigration shall provide the forms necessary for making a contract
to employ an au pair, and it may entrust an organisation or company to act as intermediaryand supervise au pair engagements. More detailed provisions for the role of such anorganisation or company shall be made in a regulation.
The Minister provides in a regulation rules applying to an au pair’s stay under theseprovisions, including the provisions of the contract pertaining to the au pair’s
engagement, and the conditions to be met by the foreign national and the relevant hostfamily, for the purposes of the stay, such as the host family’s responsibility regarding theau pair’s return journey, pocket money, free time and work hours, which may not exceed
30 hours per week.

57

SECTION VIII
Residence permits on grounds of family reunification
Art. 69
Conditions for granting family reunification residence permits
An immediate relative of an Icelandic or other Nordic citizen who is permanently resident
in Iceland, or of a foreign national who lives in Iceland on the basis of a residence permit
under arts. 61, 63, 70, 73, 74 and 78, or on the basis of a permanent residence permit underart. 58, may, on application, receive a residence permit on the basis of family
reunification, if the conditions of art. 55 and Section VIII are met. Immediate relatives aredefined as spouse, cohabiting partner, a person’s children under the age of 18 in his/hercustody and dependent upon him/her and parents over the age of 67. The same applies tothe spouse/cohabiting partner and children of those engaged in a postgraduate university
degree course, doctoral studies or research in Iceland under art. 65.
A residence permit as provided for in arts. 70–72 will not be granted if the family member
on whom the application is founded has in the last five years been convicted or subjected
to security measures for violations under the measures provided in Sections XXI–XXIVof the Icelandic Penal Code, unless refusal of a residence permit would constitute an unfair
measure against him/her or his/her immediate family. If granting an applicant a residence
permit under provisions in arts. 70–72 would contravene the grounds on which a residence
permit was granted to a family member in Iceland, an application may be refused.
An application for an initial residence permit under arts. 70–72 shall be refused if consent
for its issuing has not been provided by the family member.
A residence permit under arts. 70–72 shall normally only be issued for one year, although
it is permitted to issue a residence permit for a longer period to coordinate with the family
member on whom the application is based, but not for longer than two years. The
residence permit of a family member of a foreign national who is resident in Iceland on
the basis of a residence permit or permanent residence permit can never be valid for longer
than that of the foreign national from whom the family member derives his/her
entitlement. A residence permit issued under arts. 70–72 may be renewed on application
if the conditions for granting it are still fulfilled.

58

A residence permit issued to a family member under arts. 70–72 may constitute the basis
for a permanent residence permit unless the foreign national from whom the family
member derives his/her entitlement holds a residence permit that does not allow for this.
Art. 70
Residence permits on grounds of marriage or cohabiting partnerships
A foreign national may be granted a residence permit in Iceland if he/she intends to moveto Iceland to live with his/her spouse or cohabiting partner. [The conditions for this arethat the spouse or partner has the right to family reunification in accordance with thisSection and that he/she is in a marriage or cohabiting partnership. A cohabiting
partnership must have existed for at least one year.]1) Each partner must have been older
than 18 when the marriage or cohabiting partnership was established. The marriage or
cohabiting partnership must fulfil requirements for registration of domicile. The parties
may be required to provide documents as proof that a marriage or cohabiting partnershipwas entered into abroad.
The provisions in art. 1 may apply even if the … 1) cohabiting partnership has existed forless than one year if special reasons recommend it.
If the applicant bases his/her entitlement on partnership with a foreign national who holds
a residence permit in Iceland based on international protection under the provisions of art.
73, humanitarian principles under art. 74, special ties with Iceland under art. 78 or family
unity under art. 72, the foreign national from whom the entitlement derives must haveworked or studied while lawfully staying in Iceland for the last four years preceding thedate of application.
The provisions of para. 3, subject to other provisions under this article, do not apply when:a. the parties were married before the partner resident in Iceland moved to Iceland, orb. the parties were married while they both had valid residence permits in Iceland, orc. the parties have a child together or are expecting a child together.
Further exceptions to para. 3 may be allowed if special reasons exist.
The Minister may make further provisions in a regulation on the implementation of paras.
3 and 4, including about criteria for study and work in Iceland.

59

Spouses and cohabiting partners shall be domiciled at the same address, in accordancewith the Act on domicile. Exceptions may be made if special temporary reasons exist.
If there is reason to suspect that the marriage or cohabitation has been initiated with the
purpose of gaining a residence permit and incontrovertible evidence to the contrary is notprovided, no entitlement to a residence permit exists. The same applies if there is reason
to suspect that the marriage was not entered into willingly by both parties, or if themarriage is incompatible with public order and the general principles of Icelandic law.
A foreign national who has had a residence permit under these provisions may, if special
reasons exist and if compelling reasons of fairness so recommend, be granted a residence
permit on the basis of special ties to Iceland, as provided for in art. 78 if the conditions ofart. 55(1) and (2) are fulfilled in addition to one of the following:a. the marriage or cohabiting partnership has ended with the death of the partner, unlessspecial reasons exist to refuse,b. the marriage or cohabiting partnership has been ended because the foreign national or
his/her child has been subjected to abuse or other forms of violence from the partner
and it has been reported to the police or child protection authorities, or if other records
indicate this; the foreign national’s ties to Iceland should be taken into consideration,and in exceptional cases the provisions in art. 55(1) and (2) for the issuing of aresidence permit may be waived according to this subparagraph, if means of support
are temporarily insecure,c. the foreign national demonstrates that owing to the social or cultural situation in
his/her home country, he/she could have difficulty returning to that country as a resultof divorce or separation.
1)

Act no. 17/2017, art. 2

Art. 71
Residence permits for minors
A minor under the age of 18 may be granted a residence permit if his/her parent holds a
residence permit under art. 58, 61, 63, 70, 73, 74 or 78.
A minor shall be in the custody of the person from whom the entitlement derives. Consent
of both custodial parents must be confirmed at the time of application, if there are two.

60

This requirement may be waived for special reasons, e.g. if it is demonstrably not possible
to contact a custodial parent, on condition that it is in the child’s best interests.
In the case of an adoption, that must be completed before an application is made, and it
shall comply with relevant Icelandic law.
A residence permit granted under the provisions in the article may be renewed eventhough the applicant has reached 18 years of age, on condition that the basic requirements
for a residence permit and family reunification are fulfilled. It is also a requirement thatthe applicant is engaged in either education or work in Iceland, resides with his/her parents
and is neither married nor cohabiting.
The provisions in this article may be disregarded if there are special reasons, on condition
that it is in the child’s best interests. This applies e.g. to cases where the child protection
agency has assumed custody of a minor, or if a minor is in permanent foster care.
The Minister may make further provisions in a regulation for residence permits pursuant
to this article, including the conditions under which a foster child may be granted aresidence permit.
Art. 72
Residence permits for parents
A foreign national who has a child in Iceland may be granted a residence permit in thecircumstances described in paras. 2–4. The requirements of art. 55(1) and (2) shall always
be fulfilled when a residence permit is granted on this basis.
A foreign national who is 67 years old or older may be granted a residence permit if he/she
has an adult child in Iceland. In these circumstances a foreign national may be exemptedfrom the requirement that he/she is able to support him/herself if his/her childdemonstrates that he/she is able to ensure support for the applicant.
A foreign national who is the parent of an Icelandic minor who is younger than 18 yearsof age and resident in Iceland may be granted a residence permit if the parent has, orshares, custody of the minor and the following requirements are fulfilled:a. the applicant intends living with the minor in Iceland,b. the applicant is not married or cohabiting with the other parent of the minor, and61

c. it is necessary if the minor is to continue to live in Iceland.
A foreign national who is the parent of and has custody of a minor who is younger than
18 years of age and resident in Iceland may be granted a residence permit even though theparent and minor will not live together if:
a. the minor is either an Icelandic citizen or holds a residence permit,b. the applicant was residing lawfully in Iceland when the application was made,c. the applicant has held a residence permit in Iceland that cannot be renewed on thesame basis,d. the applicant has visitation rights with the minor under a confirmed agreement and it
is confirmed that visitation has taken place in accordance with it, ande. it is necessary in order to maintain visitation with the minor.

SECTION IX
Residence permits on grounds of international protection, humanitarian grounds
and human trafficking
Art. 73
Residence permits on grounds of international protection
When an applicant is granted international protection under art. 37 or 39, the Directorate
of Immigration issues a residence permit.
A residence permit granted under this article shall be valid for four years, and it may berenewed at the end of that period unless there is a requirement to revoke the granting ofinternational protection under art. 48, or refuse to renew the residence for reasons of
security of the state or in the interests of the public. A residence permit may be renewedeven though the conditions of art. 55 are not completely fulfilled.
A residence permit pursuant to this article can constitute a basis for a permanent residence
permit.
Art. 74
Residence permits on humanitarian grounds
A foreign national who is present in Iceland and who can demonstrate a strong need forprotection, e.g. for health reasons or due to difficult social circumstances of the person

62concerned or due to difficult general circumstances in the person’s home country or in acountry to which he/she would be sent, may invoke general humanitarian grounds eventhough the conditions of art. 37 are not fulfilled. This provision shall not be applied unlessthe application process has concluded that the foreign national does not fulfil theconditions for international protection under arts. 37 and 39.
A foreign national who has applied for international protection and not received a decision
within 18 months of first applying for international protection in Iceland may be granted
a residence permit for humanitarian reasons under the provisions of this article, provided
that it has been decided that the foreign national does not fulfil the conditions forinternational protection under arts. 37 and 39. The requirements for granting a residence
permit in such cases are that:a. a statement about international protection has been taken from the applicant,b. there is no doubt about the identity of the applicant,c. nothing is known that could result in the expulsion of the applicant, andd. the foreign national has supplied information and assistance to resolve the case.
The provisions in para. 2 do not apply to a foreign national to whom one or more of thefollowing apply:
a. the foreign national has submitted false documentation with the intention ofstrengthening his/her application for international protection,b. the foreign national has stayed in an unknown locality for longer than two weeks, or
has departed from Iceland without permission,c. the foreign national has provided incorrect information about a previous stay in a statethat is part of the Dublin cooperation, or in a state or region where he/she did not haveto be subjected to persecution and had no reason to fear being returned to his/her homecountry without his/her application having been given full consideration, and/or
d. the foreign national bears some responsibility for his/her application not being
completed before the deadline.
The provisions in para. 3 may be waived if there are compelling reasons. A residence
permit may be issued pursuant to this article even though the conditions of art. 55 are notcompletely fulfilled.

63

A residence permit granted under these provisions shall not be issued for longer than one
year. A residence permit may be renewed for up to two years at a time under this article,
provided that the initial reasons for granting the permit have not changed.
A residence permit pursuant to this article can constitute a basis for a permanent residence
permit.
Art. 75
Residence permits for possible victims of human trafficking
A foreign national who is suspected to be a victim of human trafficking may be granted aresidence permit for up to nine months, even though the requirements of paras. 1 and 2 ofart. 55 are not fulfilled. The same is true for a child of such a person if he/she is in Icelandwith his/her parent. The police shall assist the Directorate of Immigration in investigating
the case, e.g. in assessing the circumstances of the person concerned. Notwithstanding
Section XII, the person concerned shall not be expelled during this period.
If there are reasons to suspect that the foreign national is claiming to be a victim solely inorder to gain a residence permit and it is not conclusively demonstrated otherwise, thisdoes not confer the right to a residence permit. The same applies if the granting of aresidence permit is against public order.
If an application has been made for international protection under provisions in art. 37 or
39, or if it is suspected that those articles apply, it shall first be decided if the circumstances
are appropriate for the granting of such protection before this article is invoked.
A residence permit under this provision cannot constitute the basis for a permanent
residence permit.
Art. 76
Residence permits for victims of human trafficking
A victim of human trafficking, and his/her child present in Iceland, may be granted arenewable residence permit for one year under special circumstances, even thoughrequirements in art. 55(1) and (2) are not fulfilled, when it is believed necessary:a. for reasons of the individual’s personal circumstances, orb. at the wish of the police for reasons of cooperation with the authorities in investigation

64and processing of a criminal case.
Notwithstanding Section XII, the individual shall not be expelled during this period.
A residence permit according to this article cannot constitute the basis of a permanent
residence permit.
Art. 77
Provisional residence permits
A foreign national who has applied for international protection may be granted aprovisional residence permit until a decision has been made about his/her application. A
foreign national who has received a final refusal of his/her application for international
protection or for a residence permit, which does not take immediate effect, may also be
granted a provisional residence permit, in response to an application, until the refusal takes
effect. The conditions for granting a provisional residence permit under this article include
that:a. a statement about international protection has been taken from the applicant,b. there is no doubt about the applicant’s identity,c. there are no known reasons that could lead to the expulsion of the applicant,d. no request to accept the return of the applicant is known to have been made to anotherstate under provisions in art. 36(1), ande. the foreign national has supplied information and assisted in the conclusion of thecase.
The condition in para. 1(b) may be waived in special circumstances, e.g. when it is unfair
or impossible to expect an applicant to provide adequate identification, and it is the dutyof the Directorate of Immigration to assess in each case whether this is the situation. A
residence permit under these provisions shall be granted on application, if more than 90days have passed since an application for international protection reached the Icelandic
authorities, even though the condition in para. 1(d) applies.
If the circumstances are such that provisions in art. 42(1) apply but the individual is
excluded from international protection as provided for in art. 40 or 41, a foreign national
may be granted a provisional residence permit under this article. In such cases, special

65

conditions may be attached to the permit where needed, e.g. the right to work may be
excluded and the individual may be required to report to the authorities or remain in a
specified place as provided for in art. 114 or undergo other coercive measures as provided
for in Section XIII.
A residence permit may be granted under this article even though conditions in art. 55(1)and (2) are not fulfilled.
A residence permit granted under this article shall not normally be issued for longer thansix months. A residence permit issued under this article may be renewed for up to one
year at a time on the decision of the Directorate of Immigration.
The provisions of Sections IV, V and VII of the Executive Procedure Act regarding theright of rebuttal, the notification of decisions, reasoning, etc., and regarding appeals
against executive decisions, and the appropriate provisions of Section I of this Act, do not
apply to decisions on provisional residence permits. Provisional residence permits haveno legal implications other than those specified in statutes or regulations.
A residence permit granted under this article cannot constitute the basis of a permanent
residence permit.

SECTION X
Other residence permits
Art. 78
Residence permits based on special ties to Iceland
A foreign national may be granted a residence permit based on special ties to Iceland, if
the conditions of art. 55(1) and (2) are met, if he/she is older than 18 years and is notcovered by provisions for other residence permits in this Act or does not fulfil theirrequirements.
Special ties can include ties that a foreign national has established during his/her stay in
Iceland under a residence permit that may not be renewed or that has been revoked due tochanged circumstances or other events.
A comprehensive assessment of an applicant’s connection to Iceland shall be made. That66

assessment shall normally consider the length of lawful stay. The following may also betaken into account:a. family ties, i.e. the family situation of the applicant in regard of the provision of care,andb. social and cultural ties with Iceland based on working in the country or other similar
connections.
Notwithstanding that the foreign national has not lived in Iceland, he/she may in
exceptional circumstances be deemed to have special ties to the country when acomprehensive assessment of his/her circumstances indicates this, e.g. if compelling
reasons to provide care exist and they would obviously make it unfair to deny an applicant
a residence permit.
Special ties to Iceland as provided for in para. 2 cannot include those ties established bya foreign national staying in Iceland under the provisions of arts. 64, 65, 66, 67, 68, 75,
76 or 77. Nor do special ties under these provisions mean family connections of theforeign national; this is provided for under the provisions of Section VIII. Nor does itmean a stay on the basis of art. 21. If a foreign national’s residence permit or permanent
residence permit has been revoked under the provisions of art. 59, where the foreign
national has at the time of application knowingly provided incorrect information orconcealed something that could be of significant importance regarding granting of thepermit, e.g. in the case of a fraudulent act under art. 70(8), or if there is a reason to suspect
this, the ties that the foreign national may have established with Iceland during that period
do not qualify as special ties and the granting of a residence permit under this article shallbe denied.
A residence permit may be granted under these provisions even if the foreign national
failed briefly to fulfil the conditions of art. 55(1) regarding adequate means of support, if
compelling reasons of fairness so recommend.
A residence permit granted under this article shall not be issued for longer than one year.
A residence permit may be renewed under this article, provided that the initial reasons for
granting the permit are unchanged.

67

A residence permit granted under this article can constitute the basis of a permanent
residence permit.
The Minister makes further provisions in a regulation for granting residence permits under
this article, including about the reasons for a stay, what viewpoints shall be taken into
account when considering whether special ties to the country exist, and when it may benecessary to apply the exceptions in para. 4.
Art. 79
Residence permits on the basis of a lawful and special purpose
A foreign national may be granted a residence permit based on a lawful and special
purpose, provided that conditions of art. 55(1) and (2) are fulfilled, if he/she is older than
18 and is not covered by another article providing for a residence permit pursuant to thisAct. A residence permit granted under this article shall only be issued for one year at atime. The residence permit may be renewed if the purpose for the stay continues
unchanged.
A residence permit granted under this article cannot constitute the basis of a permanent
residence permit.
The Minister makes provisions in a regulation for guidance about what shall be considereda lawful and special purpose.

SECTION XISpecial Rules on Foreign Nationals covered by the European Economic Area
(EEA) Agreement and the European Free Trade Association (EFTA) Treaty
Art. 80
Scope
The provisions of this Section apply to the rights of foreign nationals of states covered by
the EEA Agreement or EFTA Treaty to enter and stay in Iceland.
The provisions of this Section also apply to family members of EEA and EFTA nationals
who accompany them to Iceland or join them there. The provisions of the Section apply
furthermore to family members of Icelandic nationals who accompany them or join themwhen they return to Iceland after having availed themselves of their right to free68movement under the EEA Agreement or EFTA Treaty in another EEA or EFTA state.
Art. 81
Arrival and residence
The right of residence under the provisions of this Section confers the right to stay
anywhere in Iceland unless restrictions have been adopted pursuant to this Act or rules
adopted by virtue of it.
The right of residence under the provisions of this Section does not prevent a foreign
national under art. 80 para. 1 from obtaining a residence permit under other provisions of
this Act.
A foreign national who is neither a national of an EEA or EFTA state, nor a family
member of such a national, may enter Iceland without special authorisation to provide
services for up to 90 working days per calendar year, if he/she is verifiably an employee
of a service provider in an EEA or EFTA state.
An EEA or EFTA national cannot be refused enjoyment of his/her rights on the solegrounds that he/she does not hold a registration certificate under art. 89, a certificate orcard which confirms his/her right to permanent residence under art. 91, a documentattesting that an application for a residence card for family members has been submitted
or a residence permit under art. 90, where the person concerned can prove his/her rightwith various other documents.
Family members who are not EEA or EFTA nationals shall be exempt from visa requirements if they hold a valid residence permit card under art. 90. Such visas shall otherwise
be issued without charge as promptly as possible and be granted expedited process
pursuant to general rules.
If an EEA or EFTA national or a family member who is not an EEA or EFTA national
lacks the necessary travel documents or prescribed visas, if these are required, before suchindividuals are denied entry they shall be given an opportunity to obtain the necessary
documents or have them sent within a reasonable period of time, or to have their testimony
substantiated or by other means obtain recognition that they are covered by the right tofree movement and residence.

69

The Minister may make further provisions in a regulation under this article, including
expedited procedure under para.5.
Art. 82
Residence by family members of EEA or EFTA nationals
Family members of an EEA or EFTA national covered by the provisions of this Section
are entitled to reside with that national in Iceland. Family members of EEA or EFTA
nationals with a right of residence or right to permanent residence in Iceland shall beentitled to undertake employment or be self-employed in the country regardless ofnationality.
Family members of an EEA or EFTA national are:a. a spouse or cohabiting partner, if the parties are in registered partnership or
cohabitation is confirmed by other means;b. a direct descendant of the person concerned, his/her spouse or cohabiting partner, who
is younger than 21 years of age or dependent upon or supported by the national;c. a relative by direct descent of the person or of his/her spouse or cohabiting partner,
who is supported by the national.
Art. 83
Right of residence for up to three months
An EEA or EFTA national who presents a valid passport or identity card may enter
Iceland without a specific permit and reside in Iceland for up to three months after entering
the country, as long as his/her stay does not cause an unreasonable burden on the social
assistance system.
An EEA or EFTA national covered by the definition in para.1 who is seeking employment
may reside in Iceland for up to six months after entering the country. The same applies tothe national’s family members.
A stay in another Nordic country shall not be deducted from this period of residence.
The provision of para. 1 also applies to family members of EEA or EFTA nationals who
are not themselves EEA or EFTA nationals, provided that the family member
accompanies or joins the EEA or EFTA national and holds a valid passport.

70

The Minister may make further provisions in a regulation pursuant to this article,
including on the calculation of the length of stay. The Minister responsible for social
affairs may issue further instructions in a regulation concerning the definition of theconcept of an “unreasonable burden” on the social assistance system in consultation with
the Icelandic Association of Local Authorities.
Art. 84
Right of residence for longer than three months for EEA or EFTA nationals
EEA or EFTA nationals are entitled to reside in Iceland for longer than three months ifthey satisfy one of the following conditions:a. are employed or self-employed in Iceland,b. intend to provide or avail themselves of services in Iceland and furthermore satisfy
the requirements of subparagraph c, as applicable,c. have sufficient funds for themselves and their family members so as not to place aburden on the social assistance system while in residence and are covered by healthinsurance covering all risks during their period of residence in Iceland,d. are enrolled in a recognised educational institution with the aim of obtaining
education or work training; are covered by health insurance covering all risks during
their period of residence in Iceland and can provide proof of secure means of support.
EEA or EFTA nationals may be required to present satisfactory travel documents or
documentation confirming that they meet the requirements of para. 1(a), (b) or (c), but cf.
art. 81(4). The national may also be required to present satisfactory travel documents andattest with a declaration or by equivalent means that he/she satisfies the requirements ofpara. 1(d), but cf. art. 81(4).
EEA or EFTA nationals residing in Iceland, cf. para. 1(a), who cease to be employed or
self-employed retain their status as such under the following circumstances:a. while temporarily unable to work due to illness or accident,
b. if they confirm that they are unemployed involuntarily after having been in paid
employment for over one year and are at the same time actively seeking employment
under the Act on Unemployment Insurance,c. if they confirm that they are unemployed involuntarily after concluding an71

employment contract for a period of at least one year or have involuntarily lost theirjob during that period and are at the same time actively seeking employment underthe Act on Unemployment Insurance; in such a case they shall retain their status asemployees for at least six months,
d. if they commence work training; if unemployment has not been voluntary the person
shall retain his/her status as an employee only if the training is linked to his/her
previous work.
The Minister may issue detailed provisions in a regulation pursuant to this Article,
including on documentation under para. 2, definition of sufficient funds, cf. para. 1(c),and on the rights of EEA or EFTA nationals under para. 1(a) to continue residence after
ceasing work, together with their family members.
Art. 85
Right to residence of over three months for family members
who are EEA or EFTA nationals
EEA or EFTA nationals accompanying or joining EEA or EFTA nationals entitled toresidence under art. 84(1)(a), (b) or (c) may reside in Iceland as long as the national’s
residence right exists. This provision does not affect the national’s independent residence
right under art. 84.
An EEA or EFTA national who is a spouse, cohabiting partner, child or young person
under 21 years of age accompanying or joining an EEA or EFTA national entitled toresidence under art. 84(1)(d) may reside in Iceland as long as the national’s residence rightexists.
If an EEA or EFTA national leaves Iceland or dies their family members who are EEA or
EFTA nationals enjoy the right of residence as long as they satisfy the requirements ofart. 84 (1). Children of EEA or EFTA nationals and the custodial parent may reside in
Iceland as long as the minor is enrolled in a recognised educational institution.
Notwithstanding a divorce, annulment of a marriage or separation, family members of
EEA or EFTA nationals retain their residence right as long as they satisfy the conditionsof art. 84(1).

72Art. 86
Right to reside for longer than three months for family members of EEA or EFTA
nationals and foreign nationals who are not EEA or EFTA nationals
The provisions of art. 85(1) and (2) apply as applicable to foreign nationals who are not
EEA or EFTA nationals but are family members of EEA or EFTA nationals with residence
rights pursuant to art. 84(1)(a), (b) or (c). The same applies to spouses, cohabiting
partners, minors or young people under 21 years of age accompanying or joining EEA or
EFTA nationals with residence rights pursuant to art. 84(1)(d).
On the death of an EEA or EFTA national, family members who are not EEA or EFTA
nationals retain their residence rights if they have resided in Iceland as a family memberof an EEA or EFTA national for at least one year prior to the death of the national as longas they satisfy the requirements of art. 84(1)(a), (b) or (c), or reside in Iceland as family
members of an individual who satisfies those requirements. Children of an EEA or EFTA
national and the custodial parent them may reside in Iceland if the national leaves thecountry or dies, regardless of the requirements of the Article in other respects, as long as
the minor resides in Iceland and is enrolled in a recognised educational institution.
Notwithstanding divorce, annulment of a marriage or separation, spouses or cohabiting
partners of EEA or EFTA nationals who are not EEA or EFTA nationals retain theirresidence rights as long as they satisfy the requirements of art. 84(1)(a), (b) or (c), andprovided that:a. the marriage or cohabitation had existed for at least three years, of which at least one
was in Iceland, when the divorce, annulment or separation took place,b. the custody of the child of the EEA or EFTA national has been awarded to the spouseor cohabiting partner concerned by an agreement or a court decision,c. the spouse, cohabiting partner or child/children concerned have been victims ofviolence or other grave abuse in the marriage or cohabitation,d. the spouse or cohabiting partner has been granted visitation rights to the minor in
Iceland by agreement or a court ruling.

73Art. 87
Right of EEA or EFTA nationals to permanent residence
EEA or EFTA nationals who under art. 84 or 85 have resided lawfully in Iceland
continuously for at least five years are entitled to permanent residence in Iceland. The
right of permanent residence is not subject to the conditions of arts. 84 and 85. The rightof permanent residence is void if the person concerned resides outside the country for acontinuous period of over two years.
Residence abroad for a period totalling less than six months per year, residence abroad
due to military service or a residence in one instance of a maximum of one year for exigent
reasons, such as pregnancy, childbirth, serious illness, study or training, or work abroad
for which the person concerned has been seconded is not deemed an interruption ofcontinuous residence under para.1.
EEA or EFTA nationals who have resided in Iceland under art. 84(1)(a) acquire the rightto permanent residence, despite not having continuous residence for five years if they:a. have upon retirement reached mandatory age for old-age pension in Iceland or left
paid employment to take early retirement, provided that they have resided in Iceland
continuously for over three years and have worked in the country for a continuous
period of at least 12 months when they cease employment,b. have resided in Iceland continuously for over two years but have had to cease
employment due to permanent disability orc. have worked in another EEA or EFTA state after having worked and resided in
Iceland continuously for at least three years and are regarded as having continued toreside in Iceland, provided they have returned to their home in Iceland at least once a
week.
If the disability under para. 3(b) is the result of an occupational illness or accident which
entails a right to partial or full compensation from social insurance, requirements on lengthof residence do not apply.
An EEA or EFTA national who is a family member of an individual entitled to permanent
residence under para. 3, and who resides with that person, acquires the right to permanent
residence from the commencement of the right to permanent residence of the individual74

from whom he/she derives the right to permanent residence under para. 3.
EEA or EFTA nationals who are family members of an individual entitled to residence
under art. 84(1)(a) and who reside with that person, acquire the right to permanent
residence on the death of the latter, even if the deceased had not acquired the right topermanent residence under para. 1 or 3, if:a. the deceased had resided in Iceland for a continuous period of at least two years prior
to his/her death,b. the deceased died as the result of an occupational accident or occupationally related
illness.
The Minister may make further provisions in a regulation under this article, including adefinition of continuous residence.
Art. 88
Right of family members who are not EEA or EFTA nationals to permanent residence
Family members of EEA or EFTA nationals who are not themselves EEA or EFTA
nationals but have resided with EEA or EFTA nationals, cf. art. 86(1), and have resided
in Iceland legally for a continuous period of at least five years, acquire the right topermanent residence in Iceland. The same applies to family members who are not EEAor EFTA nationals who have resided in Iceland lawfully for at least five years, cf. art.
86(2) clause 1 or (3). The right to permanent residence is independent of the conditions
in Art. 84. The right to permanent residence is cancelled if the person concerned resides
outside of Iceland for a continuous period of over two years.
Residence abroad for a total period of less than six months per year, residence abroad due
to military services or residence in a single instance for a maximum of one year for exigent
reasons, such as pregnancy, childbirth, serious illness, study or training, or work abroad
for which the person concerned has been seconded is not considered an interruption ofcontinuous residence under para. 1.
The entitlement to permanent residence under art. 87(5) and (6) also applies to family
members who are not EEA or EFTA nationals.
The Minister may make further provisions in a regulation pursuant to this article,

75

including on the definition of continuous residence.
Art. 89
Registration certificate
EEA or EFTA nationals and their family members residing in Iceland pursuant to art. 84
or 85 for more than three months must register with the authorities. The deadline forregistration is three months from the date of arrival in Iceland. A registration certificate
shall be issued as promptly as possible once the applicant has submitted the
documentation listed in paras. 2 and 3.
When registering EEA or EFTA nationals pursuant to art. 84 the authorities may request
them to present, in addition to a valid identity card or passport:a. confirmation of employment from an employer or proof that they are self-employed
or offer services, cf. art. 84(1)(a) or (b),b. confirmation of health insurance and documentation that they have sufficient funds tosupport themselves and their family members, cf. art. 84(1)(c),c. confirmation of enrolment to study at a recognised educational institution,
confirmation of health insurance and documentation that they have sufficient funds tosupport themselves and their family members, cf. art. 84(1)(d).
When registering EEA or EFTA nationals residing in Iceland as family members underart. 85 the authorities may request them to present, in addition to a valid identity card or
passport:a. documentation attesting to the family relationship which is the basis for the right toresidence,b. the registration certificate of the EEA or EFTA national whom the foreign national isaccompanying to or joining in Iceland,c. confirmation of means of support when the person’s right as a family member issubject to the support of an EEA or EFTA national, cf. art. 82(2)(b) and (c).
The Minister may make further provisions in a regulation pursuant to this article,
including on the procedure for registration and issue of a registration certificate, the fee
which may be charged for the issue of the same and the obligation of EEA or EFTA

76

nationals seeking employment to register if they obtain employment after the expirationof the time limit under para. 1.
Art. 90
Residence card for foreign nationals who are not EEA or EFTA nationals entitled toresidence under Art. 86
Foreign nationals residing in Iceland pursuant to art. 86 for more than three months musthave a residence card issued. The deadline for application is three months from the dateof arrival in Iceland. Confirmation of application is issued directly upon presentation by
the applicant of the documentation listed in para. 2.
An application for a residence card for family members must be accompanied by thefollowing documentation:a. a valid passport,b. documentation attesting to the family relationship which is the basis for the right toresidence,c. the registration certificate of the EEA or EFTA national whom the foreign national isaccompanying to or joining in Iceland,d. confirmation of means of support when the family member’s right is subject to the
support of the other person, cf. art. 82(2)(b) and (c).
An application for a residence card shall be processed within six months of its submission.
The residence card is valid for five years from the date of issue or as long as the period ofresidence of the EEA or EFTA national if that is a shorter period. The residence card iscancelled if the person concerned resides abroad for over six months per year unlessspecial reasons exist.
The Directorate of Immigration makes a decision on issuing a residence card under thisprovision after receiving the application.
The Minister may issue further instructions in a regulation pursuant to this provision,
including on the procedure for registration and issue of a residence card, the fee which
may be charged for the issue of the same, the necessary documentation, cf. para. 2, theperiod of validity of the residence card and further requirements for residence abroad not77

to impact a continuous stay in Iceland, cf. para. 3.
Art. 91
Certificates and cards attesting to the right to permanent residence under arts. 87 and88
EEA or EFTA nationals entitled to permanent residence in Iceland under art. 87 receive,
as promptly as practicable following application, a certificate attesting to their right toresidence for an unlimited period.
Foreign nationals entitled to permanent domicile in Iceland under art. 88 receive a card
attesting to the right to permanent residence based on their application. An application forsuch a card shall be processed before the end of the period of validity of the residencecard under art. 90.
The Minister may issue further instructions in a regulation pursuant to this provision,
including on the procedure for registration and issue of certificates and cards attesting to
the right to permanent residence and on the fee which may be charged for issue of thesame.
Art. 92
Lapse of residence right of EEA or EFTA nationals or their family members
The right to residence pursuant to the provisions of this Section shall lapse if the foreign
national has deliberately provided incorrect information or concealed details ofsignificance, in the case of an fraudulent act under art. 70(8), or residence for a purpose
other than those consistent with art. 84, 85 or 86. The same applies in other cases of abuseof right.
The issue of a residence card may be refused if there are grounds to suspect that a marriage
or cohabitation was entered upon for the sole purpose of obtaining a residence permit andreliable proof to the contrary is not provided, or if there are grounds to suspect that amarriage was not carried out with the consent of both spouses, or if the original marriage
was contrary to public order and principles of Icelandic law.
The right to reside in Iceland pursuant to art. 84(1)(a) or (b) does not lapse due totemporary illness or accident or in the case of involuntary unemployment of EEA or EFTA

78

nationals after they have worked in Iceland for over one year.
The Directorate of Immigration decides whether the right to residence provided for in thisSection lapses.
The Minister may issue further instructions in a regulation pursuant to this provision,
including limitations on the lapse of the right to residence.
Art. 93
Revocation of residence cards or certificates and cards
attesting to the right to permanent residenceWith reference to art. 92, registration certificates, residence cards and certificates andcards attesting to the right to permanent residence may be revoked.
Registration certificates and residence cards may also be revoked if the registration isinvalid for other reasons.
Certificates and cards under para. 1 shall be revoked when the right to residence lapses
under art. 87(1) clause 3 or art. 88(1) clause 4.
The residence cards of foreign nationals who are not EEA or EFTA nationals shall be
revoked if the foreign national is granted a residence permit under another Section of thisAct.
The Directorate of Immigration makes decisions on revocation under this provision.
Art. 94
Refusal of entry to EEA or EFTA nationals or their family members
EEA or EFTA nationals and their family members may be denied entry to Iceland upon
arrival or expelled during the seven days following their arrival if:
a. the persons concerned do not satisfy those rules set regarding travel documents or
arrival in Iceland, cf. however, art. 81(6),b. the persons concerned have been expelled and the re-entry ban is still in force andthey have not been granted authorisation to enter Iceland,c. they conduct themselves as described in art. 95(1),d. this is necessary for reasons of public order, public security or public health.

79

A Commissioner of Police shall make a decision on refusal of entry pursuant to para. 1(a)and (b), and the Directorate of Immigration shall make decisions under para. 1(c) and (d).
It is sufficient that action in the case be initiated within the seven-day limit. Within thattime limit the foreign national may be provisionally refused entry into Iceland. Such a
decision cannot be appealed.
If action in cases under para. 1 has not been initiated within seven days, EEA or EFTA
nationals may be denied entry by a decision of the Directorate of Immigration underprovisions of para. 1(b), (c) or (d) within three months of their arrival in Iceland.
Art. 95
Expulsion of EEA or EFTA nationals or their family members
EEA or EFTA nationals or their family members may be expelled from Iceland if this isnecessary with reference to reasons of public order, public security or public health.
A decision on expulsion under para. 1 may be made if the conduct of the person concerned
presents a real, impending and sufficiently serious threat to the fundamental interests ofsociety. A decision on expulsion may not be based solely on general preventive grounds.
If the person concerned has been sentenced to punishment, or special measures decided
upon, expulsion on this basis is only authorised in the case of conduct which could indicatethat the person concerned will commit a punishable offence again. Previous penal
convictions alone do not suffice to apply expulsion.
EEA or EFTA nationals or their family members may also be expelled if they do notsatisfy the requirements for residence under art. 83, 84, 85 or 86.
Individuals entitled to residence pursuant to art. 83 may be expelled if deemed necessary
to protect public health or if the public authorities have taken security measures regarding
the health of their own nationals.
The Directorate of Immigration makes decisions on expulsion under this provision.
Art. 96
Re-entry ban on EEA or EFTA nationals or their family members
Expulsion under art. 95(1) and (4) entails a prohibition on subsequent re-entry into
Iceland. The re-entry ban may be permanent or temporary, but not for a period shorter

80

than two years. In assessing this attention shall be paid especially to those points listed inart. 95(1) and (2).
On application, a re-entry ban may be cancelled if new circumstances so warrant andgrounds are given to show substantial changes in the circumstances which justified the reentry ban. A decision shall be made as to whether the re-entry ban is to be cancelled within
six months of the submission of an application. Persons subject to a re-entry ban are notentitled to enter Iceland while their application is being processed.
Under exceptional circumstances a person who has been expelled may, after making
application, be granted authorisation for a brief visit to Iceland without the re-entry ban
having been cancelled, but normally not until at least one year has passed from theexpulsion.
The Directorate of Immigration makes decisions on authorising the re-entry of EEA or
EFTA nationals or their families who have been expelled from Iceland.
Art. 97
Restrictions on authorisation for expulsion under Art. 95
Notwithstanding the provisions of art. 95, a decision on expulsion shall not be taken if theperson concerned:
a. is entitled to permanent residence under art. 87 or 88, unless there are serious reasonsfor this based on public order or public security,
b. is an EEA or EFTA national or family member of that person and has beenpermanently domiciled in Iceland for ten years, unless a decision on expulsion has
been made for urgent reasons concerning public safety,c. is an EEA or EFTA national or family member of that person under the age of legal
majority, unless a decision on expulsion is made for urgent reasons concerning public
security; this does not apply, however, to a minor if his/her expulsion is necessary inorder to safeguard his/her own interests, as prescribed in the UN Convention on the
Rights of the Child.
A decision on expulsion shall not be made if, account being taken of the circumstances in
the case and the ties of the EEA or EFTA national or family member with Iceland, that81

would entail an unfair action towards the person concerned or his/her immediate family
members. In assessing this, consideration must be given to the person’s length ofresidence in Iceland, age, health, social and cultural integration, family and financial
circumstances and ties with his/her home country.
Expulsion shall not be an automatic consequence of EEA or EFTA nationals or theirfamily members seeking social assistance. Nor shall a decision to expel be made on thesole grounds that an identity card or passport has expired.
Notwithstanding the provisions of art. 95, EEA or EFTA nationals or their family
members may not be expelled if the person:
a. satisfies the conditions in art. 84(1)(a),b. is seeking employment, as long as the person concerned can provide proof that he/she
is actively seeking work and has a real possibility of obtaining employment.

SECTION XII
Refusal of Entry and Expulsion
Art. 98
Expulsion of foreign nationals without a residence permit
Foreign nationals without a residence permit may be expelled if:
a. they are residing in Iceland illegally,b. they have seriously or repeatedly violated one or more provisions of this Act, havedeliberately or through gross negligence given substantially incorrect or misleading
information in a case pursuant to this Act, or failed to comply with a decision entailingthat they must leave the country,c. they have during the past five years served a prison sentence abroad or been sentenced
there to punishment for conduct which under Icelandic law would be subject toimprisonment of longer than three months. The same applies to special measures
decided upon in connection with such punishable conduct,d. they have been sentenced for a punishable offence in Iceland, or to be subject tosecurity measures for conduct liable to imprisonment, for longer than three months or
have been sentenced to imprisonment more than once in the past three years,82e. authorities in a Schengen state have made a final decision on their refusal of entry or
expulsion for violations of statutory provisions on the admission and residence of
foreign nationals,f.

this is necessary for public security or the interest of the public.

Insofar as art. 102 does not apply, foreign nationals without residence permits shall be
expelled:
a. if they have not left the country by a specified deadline, cf. art. 104(2),b. if they have not been granted a time limit to depart from the country voluntarily, underart. 104(2):1. due to a risk that they will abscond,
2. due to the fact that their application for a residence permit or international
protection has been rejected as being manifestly unfounded or because incorrector misleading information was provided,
3. due to their being considered a threat to public order, state security or theinterests of the public, cf. art. 104(2)(c).
Art. 99
Expulsion of a foreign national holding a residence permit
Foreign nationals with a residence permit may be expelled if:
a. they have seriously or repeatedly violated one or more provisions of this Act or havedeliberately or through gross negligence given substantially incorrect or misleading
information in a case pursuant to this Act,b. they have during the past five years served a prison sentence abroad or been sentenced
there to punishment for conduct which under Icelandic law would be subject toimprisonment of longer than one year. The same applies to special measures decided
upon in connection with such punishable conduct,c. they have been sentenced for a punishable offence in Iceland, or to be subject tosecurity measures for conduct liable to imprisonment for longer than one year, or havebeen sentenced to imprisonment more than once in the past three years,
d. this is necessary for public security or the interest of the public.
If the violation was committed before the foreign national was granted a residence permit,

83the provisions of art. 98 apply.
Art. 100
Expulsion of a foreign national holding a permanent residence permit
Foreign nationals with a permanent residence permit may be expelled if:
a. they have served a prison sentence or been sentenced for a punishable offence which
under Icelandic law would be liable to imprisonment for three years or more during
the past five years abroad or during the past year in Iceland. The same applies tospecial measures decided upon in connection with such punishable conduct,b. this is necessary for public security or the interest of the public.
If the offence was committed before the foreign national was granted a permanent
residence permit, the provisions of art. 99 apply.
Art. 101
Effect of expulsion and prohibition on re-entry
A final decision on expulsion cancels any residence permit, work permit and permanent
residence permit.
Expulsion entails a prohibition on re-entering the country at a later date. The re-entry ban
may be permanent or temporary but shall normally apply for not less than two years.
On application, a re-entry ban may be cancelled if circumstances have changed since thedecision on expulsion was made. In exceptional circumstances, however, generally not
until at least two years have elapsed, and on application, persons who have been expelled
may be allowed to visit Iceland without the re-entry ban being cancelled.
The Minister may make further provisions in a regulation on the re-entry ban, for instance,
on its duration.
Art. 102
Protection against refusal of entry and expulsion. Restrictions on a decision to expel.
Foreign nationals born in Iceland may not be denied entry to or expelled from Iceland ifthey have from birth been domiciled continuously in Iceland according to the National
Registry.

84

Nordic nationals who have resided in Iceland for longer than three months can only bedenied entry to or expelled from Iceland in the case of punishable conduct entailing
imprisonment of one year or longer.
A decision to expel shall not be made if, account being taken of the circumstances in thecase, the severity of the offence or the foreign national’s ties with Iceland, it would
constitute an unfair action towards the foreign national or his/her family members. Special
consideration shall be given to cases where a minor or a minor’s family member isinvolved, and the decision shall be guided by the interests of the child.
The provisions of para. 3 do not apply when expulsion is necessary due to state security
or the public interest, cf. art. 98(1)(f), of art. 99(1)(d), and art. 100(1)(b).
The Minister may make more detailed provisiona in a regulation on assessment ofcircumstances under para. 3.
Art. 103
When a decision can be implemented
A decision on expulsion under art. 106 may be implemented immediately. Refusal of an
application for renewal of a residence permit or for a permanent residence permit applied
for within the time limit under art. 57(2) cannot be implemented until the decision is final.
The same applies to a decision on revocation under art. 59 and to a decision on the
expulsion of a foreign national holding a residence permit or permanent residence permit,
an EEA or EFTA national registered in Iceland under Section XI or a Nordic national who
has resided in Iceland for longer than three months. In other respects the provisions of art.
29 of the Public Administration Act apply on the postponement of legal effect.
The Directorate of Immigration may postpone for a reasonable period the enforcement ofa decision entailing that a foreign national must leave Iceland if deemed necessary due tothe person’s special circumstances or if it is impossible to enforce the decision for thetime being.
Before a decision is made entailing that an unaccompanied minor must leave Iceland, theDirectorate of Immigration shall verify that the minor is ensured the assistance of a childprotection committee, and that the child’s interests are paramount, cf. art. 3(5). Before85such a decision is implemented the Child Protection Agency shall verify that there are
relatives, guardians or satisfactory reception facilities for minors in the state to which theminor is to be removed.
Neither an application for a residence permit, made for the first time, nor an application
for renewal applied for after the time limit under art. 57(2) may be refused until the foreign
national has been given the opportunity to appeal.
Art. 35 applies concerning when decisions in connection with applications forinternational protection or protection from persecution may be implemented.
Art. 104
Enforcement of a decision
When an application for a residence permit or renewal of a residence permit for foreign
nationals currently in Iceland is refused, their authorisation to continue to stay in Icelandmust be stated clearly.
In cases under para.1 and in other cases where a foreign national is not entitled to residein Iceland, or a decision entails that a foreign national is to leave the country the person
shall be instructed in writing that he/she must leave. The Directorate of Immigration shallnormally grant foreign nationals a time limit of 7-30 days to depart voluntarily from thecountry. A shorter time limit may be granted or the time limit may be cancelled if:
a. there is a risk that the foreign national will absocnd, cf. art. 105(3)(a),b. a foreign national’s application for a residence permit or international protection isdeemed manifestly unfounded or he/she has deliberately provided misleading or
incorrect information in the application,c. this is necessary for state security or in the interest of the public,d. the foreign national is subject to art. 36(1), so that his/her application for international
protection will not be processed in Iceland,e. the foreign national is expelled from Iceland based on art. 98(1)(b), (c) or (d), or art.
99 or 100,f.

the foreign national is denied entry or expelled at the outer boundary of the Schengen
Area.

86

When considered necessary for the sake of fair treatment, the Directorate of Immigration
may grant a time limit longer than that provided in para. 2. Assessment of whether a longer
time limit shall be granted shall be made on a case-by-case basis, taking account of theforeign national’s circumstances.
During the time limit under para. 2, or once enforcement of a decision has been postponed
under art. 103(2), it must be ensured that foreign nationals are able if at all possible toreside with their families, if they are in Iceland, and receive necessary health care services,and that consideration is given to any special needs which may exist as a result of theirvulnerable position. Minors shall also be ensured access to compulsory education.
Foreign nationals must notify the Directorate of Immigration of their proposed departureand provide proof that they have left the country. If foreign nationals fail to depart from
Iceland as instructed, a time limit under para. 2 is not granted, or there is probability thatthey will not leave voluntarily, the police may escort them out of the country. In
exceptional circumstances foreign nationals may be sent to a country other than that fromwhich they came. If foreign nationals have valid authorisation to reside in another EEA
or EFTA state they shall be sent there. Decisions concerning enforcement cannot be
appealed specifically. Foreign nationals covered by this provision who lack valid travel
documents must obtain these.
Initiating a court action to invalidate a final decision at administrative level instructing aforeign national to leave Iceland does not postpone its enforcement. At the request of theforeign national, however, the Immigration and Asylum Appeals Board may decide topostpone the legal effect of a final decision if this is deemed warranted. A request to thiseffect must be submitted no later than seven days after the final decision has been madeknown. Postponement of legal effect shall be conditional upon the foreign nationalreferring the case to the courts within five days of the decision on postponing the legal
effect of a ruling being made known and requesting that the case receive expedited
procedure. Should a request for expedited procedure be refused, the case must then bebrought within seven days of refusal. The Immigration and Asylum Appeals Board may,
however, decide to postpone enforcement if it is demonstrated that circumstances havechanged substantially since the final decision was made.

87

The police and the Directorate of Immigration carry out enforcement of decisions onrefusal of entry and expulsion. The Directorate of Immigration may entrust recognised
international agencies with providing assistance and accompanying applicants forinternational protection to their home state if the applicants themselves request this. In
such instances the applicants may be granted financial assistance based on their countryof origin, family size, at what stage in the processing of the case a request for repatriation
assistance was presented and whether they are considered to be in an especially vulnerable
position, cf. art. 25(1). If applicants do not require the assistance of an international agency
to return home voluntarily the applicants may be granted a travel grant. It is a condition
for obtaining financial assistance or a travel grant that applicants themselves request
assistance, have not been the object of a decision to expel, and assist in obtaining
necessary information and documentation.
The Minister makes provisions in a regulation on monitoring the enforcement of refusalof entry and expulsion under para. 7, together with detailed rules on voluntary repatriationand the amounts of travel grants and financial assistance.
Art. 105
Coercive measures to ensure enforcement of a decision
To ensure that a decision under art. 104 is implemented and in those instances where
foreign nationals can be expected to abscond or conduct themselves in a manner indicatingthat they pose a threat, the police may instruct the foreign nationals to:a. report to them,b. hand over their passport or other identity card, cf. art. 19; andc. remain within a certain demarcated area.
The instructions under para. 1 may only be given if there is reason to expect that foreign
nationals may attempt to abscondunder art. 104, or in those instances where foreign
nationals conduct themselves in a manner indicating that they pose a threat to the society.
The instructions do not apply for longer than four weeks unless the foreign nationals agree
to this or a judge decides otherwise with reference to rules on procedure in criminal cases.
In assessing whether there is reason to expect that foreign nationals will attempt toabscondunder art. 104 consideration may be given to the general experience of evasion.

88

In other respects account must be taken of the circumstances in each individual case. An
overall assessment shall be made of the circumstances in a foreign national’s case, taking
account among other things of whether:a. the foreign national has previously absconded, e.g. by not respecting the time limit
allowed under art. 104(2),b. the foreign national has expressed his/her opposition to leaving the country
voluntarily,c. the foreign national has been expelled,
d. the foreign national has been sentenced to punishment or other security measure in
Iceland,e. the foreign national has not been co-operative in determining his/her identity,f.

the foreign national has avoided or impeded preparations for repatriation,

g. the foreign national has provided authorities in Iceland with incorrect information inconnection with an application for a residence permit or international protection,h. the foreign national is responsible for disturbing the peace at or near a reception centre
or accommodation of applicants for international protection,i.

the foreign national is considered a threat to state security or the public interest.

If necessary in order to ensure enforcement, the foreign national may be arrested andplaced in detention under the Criminal Procedure Act as appropriate. The same applies if
the foreign national does not take the necessary action to obtain travel documents, cf. art.
104(5), and the purpose is to take the foreign national to a representative of the country inquestion in order to have travel documents issued.
Detention shall not be ordered for more than two weeks. The period of detention can only
be extended if the foreign national does not voluntarily leave the country and there is a
probability that he/she will otherwise abscond, cf. art. 104. The period may then be
extended for up to two weeks, but no more than twice.
The foreign national may neither be arrested nor detained if this would, having regard to
the nature or the case and events in other respects, entail an unfair measure, or if the judge
considers it sufficient for the foreign national to be subject instead to measures under para.
1.

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Coercive measures under paras. 1 and 4 may be applied when a decision that a foreign
national must leave the country has been made and when cases which could result in sucha decision are being processed.
Art. 106
Refusal of entry upon arrival in Iceland
Foreign nationals may be refused entry to Iceland upon arrival or up to seven days
following their arrival if:
a. they do not satisfy the rules applying to passports, visas or entry into the country,
b. they have been expelled from Iceland or another Nordic state, the re-entry ban is stillin force and they have not been granted authorisation to enter Iceland,c. they lack the prescribed permit to reside or work or cannot demonstrate the likelihoodof the purpose stated for their residence,d. they cannot demonstrate that they have or have ensured themselves sufficient means
to reside in Iceland and return home,e. they have been sentenced to punishment under art. 98(1)(c) or (d), or art. 99(1)(b) or(c), or there are special grounds for other reasons to fear that they may carry out inIceland or other Nordic state a punishable offence which could entail imprisonmentof over three months,f.

the rules of art. 6 of the Nordic Passport Convention apply and the foreign nationalcan be expected to travel to another Nordic state and that he/she will in all likelihood
be denied entry there due to failure to satisfy rules on passports or visas, or entry may
be denied for other reasons in the state concerned,

g. the persons are incapable, according to a medical assessment, of handling their own
affairs during their stay in Iceland, there is risk that they may through their actions
cause damage to themselves or others, or they have a serious communicable disease,h. they have not paid the cost of the public authorities for a previous removal from
Iceland, cf. art. 107(1), or a fine levied on them during their previous residence,i.

the person is listed in the Schengen Information System so as to be refused entry to
Iceland,j.

a final decision on expulsion or refusal of entry has been made by a public authority
in a Schengen state on the basis that there is reason to believe that he/she committed90

a serious crime, or due to grounds for suspicion that he/she intends to carry out sucha crime within the Schengen Area,k. it is necessary for public order, national security or the international relations of
Iceland or another state in the Schengen cooperation.
It is sufficient that action in the case be initiated within the seven-day limit. Within thattime limit the foreign national may be provisionally refused entry into Iceland. Such a
decision cannot be appealed.
Should a foreign national claim to be a refugee under art. 37, a stateless person under art.
39, or provide other information suggesting that the provisions of art. 42(1) apply, thecase shall be submitted to the Directorate of Immigration for processing and a decision.
The Minister may issue a regulation on exemption from the provisions of para.1 withregard to persons holding passports or a residence permit issued by a state participatingin the Schengen cooperation.
Foreign nationals may be denied entry to Iceland under the rules of para. 1 even if theseven-day time limit has passed. Processing of the case, however, must commence withinnine months of their arrival in Iceland.
Foreign nationals holding a residence permit or permanent residence permit may not bedenied entry to Iceland under para.5.
Art. 107
Responsibility for costs
A foreign national expelled from Iceland under this Act must pay the cost of his/her
departure. The foreign national shall also pay the cost of escort when this is necessary
because he/she does not depart voluntarily. The claim is enforceable by execution and canin addition serve as the basis for refusal of entry upon a subsequent arrival in Iceland, cf.
art. 106(1)(h). The police may confiscate tickets in foreign nationals’ possession for use
upon departure. The same applies to funds for payment of claims for costs upon departureand escort under this provision.
The provisions of para. 1 do not apply in those instances where applicants for international
protection are transferred to another participating state based on agreements concluded by91

Iceland on criteria and arrangements for determining what state shall handle requests forinternational protection submitted in Iceland or any of the contracting states, cf. of art.
36(1)(c).
Should a foreign national who has arrived in Iceland on board a vessel or aircraft berefused entry under Art. 94 or 106, the owner or lessor of the means of transport, and on
their behalf the captain or their agent in Iceland, must either re-admit the foreign nationalon board or transport him/her by other means or pay the costs incurred by the publicauthorities of expelling the foreign national. Similarly, they are obliged to accept an escort
and to pay the cost of the escort for the foreign national from Iceland if the police deem
this necessary.
The cost of expelling a foreign national which is not paid under paras. 1 and 3 is borne by
the Treasury.
Should foreign nationals who require police permission under art. 22 enter Iceland without
having obtained such permission, the rules of para. 3 on responsibility for costs apply.
The same normally applies to costs which public authorities may incur as a result of aforeign national’s residence in Iceland for up to three months.
Liability pursuant to paras. 3 and 5 does not apply to entry into Iceland over a the
Schengen Areas internal borders.

SECTION XIII
Coercive and investigative measures
Art. 108
General investigative measures
A foreign national must assist in establishing his/her identity, to the extent required by anadministrative authority under art. 5(3).
Investigative measures under this Section are subject to the provisions of the Criminal
Procedure Act.
The Minister makes further provisions in a regulation for what may be required of aforeign national in order to fulfil the provisions of para. 1.

92

Art. 109
Confiscation
If the identity of a foreign national is in doubt at the time he/she arrives in Iceland or later,
police may confiscate his/her travel documents, travel tickets and any other evidence that
may serve to establish his/her identity. The same applies if his/her former place of stay isin doubt, if that is relevant for his/her right to stay in Iceland.
The police may require a foreign national to hand over his/her passport or otheridentification document if there is reason to believe that the foreign national will abscond,cf. art. 105(3), or in the case that the foreign national exhibits conduct which indicatesthat he/she may pose a threat to public order, the security of the state or the public interest.
In assessing whether there is reason to believe that the foreign national will abscond,account may be taken of general experience of such absconding.
Police shall inform the foreign national that he/she may refer the legality of theconfiscation to a judge under the provisions of the Criminal Procedure Act.
Art. 110
Search of a foreign national’s person, home or storage facilities and those of an
accomplice
If there are reasonable grounds to suspect that a foreign national, contrary to directions
given under art. 108(1), withholds or conceals information concerning his/her identity, or
if he/she, contrary to the provisions of Art. 14, withholds or conceals information
concerning his/her former place of stay, or seeks to withhold documents or conceal
information in order to prevent the enforcement of a decision to expel under arts. 98 to100, police may conduct a body search of the foreign national, and search his/her home,a room or any storage facilities, under the rules of the Criminal Procedure Act. The same
applies if there is reason to suspect that a marriage has been entered into solely with aview to obtaining a residence permit, or without the consent of both parties, cf. art. 70(8).
The same also applies to a party reasonably suspected of assisting the foreign national inwithholding documents, or of concealing information on the foreign national’s identity.
The decision to carry out a search shall be made by a judge’s ruling unless the person
concerned gives his/her consent for the search or there is a real risk that waiting for a93

judge’s ruling would result in the investigation being compromised.
Art. 111
Photography and fingerprinting
For the purposes of the investigation, photographs and fingerprints may be taken of aforeign national who:
a. cannot prove his/her identity, or if there are grounds to believe that he/she is giving
incorrect information about his/her identity,b. seeks international protection or applies for a permit under this Act,c. has been refused international protection or a permit under this Act, ord. has been refused entry to Iceland or expelled or may be presumed to be staying
illegally in Iceland.
Fingerprints taken under para. 1 may be entered onto a computerised registry. The
Minister may make further provisions in a regulation for entry onto, and use of, fingerprint
databases in accord with the Act on the Protection of Privacy and the [Processing]1) of
Personal Data.
1)

Act no. 90/2018, art. 54

Art. 112
Genetic testing
In decision-making in cases where a familial relationship must be proved, the Directorate
of Immigration may require an applicant for international protection or a residence permit
to undergo a genetic test and to give a genetic sample for that purpose, in order to verify
the relationship, if the existing documents of the case are not deemed to provide
conclusive proof of the relationship invoked in the case, or a relationship which hassignificance in the case. Should the foreign national refuse such a test without goodreason, it shall be made clear to him/her that this may affect his/her position and thehandling of the case.
A fee may be charged for genetic testing; the Minister shall make further provisions ina regulation for the division of the costs, and on the implementation of genetic testing.
The applicant may be required to repay all costs of taking the sample and of genetic tests,

94

if it transpires that he/she has provided incorrect information.

Art. 113
Age assessment
If an applicant for international protection or a residence permit on grounds of family
reunification is suspected of giving misleading information in the procedure of the caseor gives incorrect information about his/her age in the procedure of the case, the relevant
authority may require the foreign national to undergo physical tests in order to determine
his/her age. The result of such physical tests shall be evaluated in relation to otherdocuments of the case and interpreted in the applicant’s favour.
The person in question may not be compelled to undergo age assessment. If a foreign
national refuses such tests without good reason, the possible impact on the handling of
his/her case shall be made clear to him/her. Refusal of an application for international
protection cannot be based solely on the refusal of person in question to undergo age
assessment.
The Minister issues a regulation on the implementation of age assessments.
Art. 114
Foreign national’s duty to report and to remain in a specified place
A foreign national may be required to report regularly on his/her presence in Iceland, orto remain in a specified place, where:a. the identity of the foreign national is unknown, the foreign national refuses to identify
him/herself, or there are reasonable grounds for suspicion that he/she is giving a false
identity,b. the foreign national displays conduct that indicates that he/she may pose a threat to
public order, the security of the state or the public interest,c. it is deemed necessary in order to ensure enforcement, when a decision has been madethat a foreign national shall leave the country, and when a case that may lead to sucha decision is being processed,d. the foreign national has been convicted of a crime for which the penalty is more thansix months’ imprisonment, or when a reasonable suspicion of such an offence exists,

95

e. the only basis for the foreign national’s presence in the country is the principle of nonrefoulement under art. 42.
f.

the foreign national may be deemed to pose a threat to state security, or if he/she, forother reasons than those specified in subparagraph d, has not complied with a decisionthat he/she shall leave the country, or if he/she cannot leave the country.

Decisions on the duty to report and/or to remain in a specified place shall be made by acommissioner of police.
The foreign national is entitled to a court ruling on whether the conditions for a decision
under para. 1 exist, and whether there is a basis for enforcing the decision. The police
shall provide guidance regarding this right to a foreign national who has been compelled
to report or to remain at a specified place. Such a procedure is subject to Section XV of
the Criminal Procedure Act.
Instructions as provided in para. 1c may only be given if there is reason to believe that theforeign national will abscond under art. 105(3). The instructions do not remain in force
for more than four weeks, unless the foreign national consents, or a judge determines that
this shall be the case in accordance with the Criminal Procedure Act
The Minister may make further provisions in a regulation for the implementation of thisarticle.
Art. 115
Arrest and detention
A foreign national may be arrested and detained if:
a. the identity of the foreign national is unknown, the foreign national refuses to identify
him/herself, or there are reasonable grounds for suspicion that he/she is giving a false
identity,b. the foreign national displays conduct that indicates that he/she may pose a threat to
public order, the security of the state or the public interest,c. the foreign national has not complied with the requirement to report, or the obligation
to stay in a specified place, under art. 114, and his/her case is still being processed by
the authorities,

96

d. a final decision has been made on expulsion and the legal effects have not been
postponed, and the reason for the arrest is to expel the foreign national from thecountry. This is conditional upon the expulsion being due to a criminal offence, andupon the likelihood, based on the foreign national’s circumstances, that he/she willcommit further offences,e. the foreign national is at an Icelandic airport and the intention is to expel him/her,f.

the foreign national is deemed a threat to national security in the judgment of thepolice, cf. art. 26(2), and the intention is to expel him/her,g. it is deemed necessary in order to ensure the enforcement of decision that a foreign
national is to leave the country, and when a case which may lead to such a decision isunder consideration,h. the foreign national does not take the necessary measures to acquire travel documents,
cf. art. 104(5), and the intention is to bring the foreign national before a representativeof the relevant country in order to have travel documents issued.
Measures under this article shall not be applied if a duty to report and/or remain in a
specified place under art. 116 is deemed sufficient to achieve the intended objective.
When a coercive measure under para 1(d), (e), (g) or (h) is applied, detention shall not be
for longer than two weeks. Detention under these provisions can only be extended if theforeign national does not leave the country of his/her own accord, and it is likely thathe/she will otherwise abscond, cf. art. 105(3). Detention can be extended for two weeks
at a time, not more than twice.
A foreign national can neither be arrested nor can detention be ordered, if in view of thenature of the case and other circumstances, that would entail an unfair measure, or if itwould be sufficient for the foreign national to be subjected instead to other, less stringent
measures under this section.
An applicant for international protection under the age of 18 but over the age of 15 may
only be detained if he/she has displayed behaviour indicating that he/she poses a threat to
public order, the security of the state or the public interest. This measure shall be applied
only when other, less stringent, measures under this Act, or provided in the Child
Protection Act, cannot be applied or would not attain the objective. In application of this97

provision, account shall always be taken of the age of the applicant and his/her needs at
any time.
Arrest and detention under this article are subject to the Criminal Procedure Act, asapplicable.
Art. 116
Penal Provisions
Penalties of fines or imprisonment for up to six months are incurred for the following
offences:a. wilful or negligent violation of this Act, or any rules, prohibition, order or condition
issued under this Act, orb. wilful or grossly negligent provision, in a case under this Act, of information which
is significantly incorrect or clearly misleading.
Fines or imprisonment for up to two years are incurred for the following offences:a. wilful or grossly negligent use of the labour of a foreign national who does not holdthe required permit under this Act,b. wilful or grossly negligent mediation in providing employment or accommodation for
a foreign national, or issue or communication of statements, references or documents
for use in a case under this Act, if the foreign national’s situation is improperly
exploited,c. wilfully luring a foreign national to come to Iceland with a view to settling or entering
employment, by suggesting, reinforcing or exploiting inaccurate or unclear ideas, orby other improper means,d. providing another person with a passport, a refugee travel document, other travel
document or similar document that may be used as a travel document, when the person
in question is, or should be, aware that the a foreign national could use them to travel
to Iceland or another country,
e. wilfully or by gross negligence assisting a foreign national to reside illegally in
Iceland or in another state,f.

wilfully or by gross negligence assisting a foreign national to enter Iceland or anothercountry illegally,98

g. wilfully or by gross negligence obtaining, or attempting to obtain, a residence permiton the basis of marriage, cf. art. 70(8),h. being in possession of a forged passport, forged identification documents or a forgedvisa.
Involvement in organized activities to assist foreign nationals to enter Iceland or anothercountry illegally entails fines or up to six years’ imprisonment, whether the activities arecarried out for profit, or not.
If a foreign national is transported to Iceland by sea or air without a satisfactory travel
document, and the captain of the ship or aircraft has failed to ascertain that the foreign
national is in possession of a valid travel document, cf. art. 18(3), the captain of the craft
may be fined.
When an offence is committed in the course of the operations of a legal entity, the legal
entity may be fined under Section II A of the General Penal Code.
Attempted violation of the provisions of this Act, and complicity in such violation, ispunishable under Section III of the General Penal Code.
Art. 117
Repatriation
A person who is an intermediary in a foreign national coming to Iceland without therequired permits shall pay all the costs of removing the foreign national from the country.

SECTION XIVState security. Mandated reporting.
Art. 118
Special provisions with respect to state security etc.
A foreign national may be denied entry and refused issue of a residence permit andpermanent residence permit, or be subjected to restrictions or conditions, if deemednecessary due to Iceland’s foreign policy, state security or vital national interests. For thesame reasons a decision may be enforced sooner than is provided in arts. 35 and 103.
Decisions under this clause are made by the Directorate of Immigration.

99

The Minister may, for reasons of state security, make more detailed provisions in a
regulation on mandated reporting than is stated in art. 60 or in rules under art. 119.
Art. 119
Mandated reporting for others.
The Minister may issue rules providing:a. that a person operating accommodation of any kind or a campsite and similar facilities
shall keep a register of persons staying there, and notify the police of them, if thepolice deem such to be necessary in order to prevent threats, or with respect to acriminal case, or in order to ascertain what has happened to missing persons or victimsof accidents,b. that the operator or captain of an aircraft arriving in or leaving Iceland shall provide
the police with a register of passengers and crew,
c. that the captain of a ship crossing the limits of Icelandic territorial waters on the way
to or from an Icelandic harbour shall provide police with a register of passengers andcrew,
d. that a person who engages a foreign national in his/her service or appoints a foreign
national to paid employment shall notify the Directorate of Immigration before suchwork commences,e. that employment agencies shall notify the Directorate of Immigration of any foreign
nationals seeking or receiving employment,f.

that the National Registry shall notify the Directorate of Immigration of foreign
nationals registered on the Registry,g. that educational institutions shall, upon request, provide the Directorate of
Immigration with a register of foreign students,h. that public authorities shall, upon request, provide the Directorate of Immigration orpolice with information on a foreign national’s name and address for use in a caseunder this Act, notwithstanding the provisions on confidentiality in the Municipal
Social Services Act and the Child Protection Act.
The Minister may make further provisions in a regulation for the information to be
included in registers under para. 1.

100Persons subject to notification must provide the information required for the mandated
notification to be carried out.

SECTION XVRegulations, entry into force, etc.
Art. 120
Regulations and rules
The Minister issues a regulation1) or rules on the more detailed implementation of this Act,
including:

1. Responsibilities of different bodies, cf. art. 4.
2. Legal assistance and advocates, cf. art. 13.
3. Records to be kept and processing of personal data, cf. art. 17.
4. Travel across borders and conditions for entry, cf. art. 18.
5. Conditions for passports and other identity documents, cf. art.

19.

6. Visas on arrival in Iceland and the Icelandic part of the visa information system,
including protection of personal data, cf. art. 20(1), (4), (8) and (9).
7. Long-term visas, cf. art. 21.
8. Permission for disembarkation by foreign seamen, cf. art. 22.
9. Implementation of analysis of special needs and status of applicant for international
protection, cf. art. 25.
10. Foundation and general operation of reception centre, cf. art. 27.
11. Rights of applicant for international protection, cf. art. 33.
12. Support for individuals who are granted a residence permit on grounds of arts 43, 73
and 74, cf. art. 45.
13. Documents and requirements for documents for applications for residence permit, cf.
art. 52.
14. Expedited procedure for applicants for residence permit, cf. art. 53.
15. Fee for reissue of residence permit certificate, cf. art. 54.
16. Permanent residence permit, cf. art. 58.

101

17. Au pair residence permit, cf. art. 68.
18. Residence permit on grounds of special ties to Iceland, cf. art. 78.
19. Lawful and special purpose, cf. art. 79.
20. Monitoring of enforcement of expulsions, cf. art. 104.
21. What may be required of a foreign citizen in order to establish his/her identity, cf. art.
108.
22. Division of costs and implementation of genetic tests, cf. art. 112.
23. Implementation of age assessment, cf. art. 113.

The Minister may make further provisions in a regulation for the implementation ofthis Act, including:
1. Procedures and work of the Immigration and Asylum Appeals Board, cf. art. 8.
2. Work of the Refugee Board, cf. art. 9.
3. Who must carry a passport or identity document, cf. art. 14.
4. What information may be provided to foreign authorities and the conditions for doingso, cf. art. 15.
5. Iceland’s participation in connection with collaboration on external borders, cf. art.
18.
6. Obligation to hold a visa in order to pass through an airport, and on the Icelandic partof the visa information system, cf. art. 20.
7. Procedure and processing times in cases regarding applications for international
protection, cf. art. 23.
8. Applications for international protection and involvement of child protection
committees, cf. art. 24.
9. Gathering of information regarding an application for international protection, cf. art.
26.
10. Implementation of interview with applicant for international protection, cf. art. 28.
11. More detailed conditions for application of priority processing, cf. art. 29.
12. Legal assistance in international protection cases, inter alia advocates’ qualifications
and remuneration, cf. art. 30.
13. Procedure regarding requests for postponement of legal effect, cf. art. 35.

102

14. Implementation of processing of application for international protection, cf. art. 36.
15. Process of applications for recognition of statelessness, cf. art. 39.
16. Conditions for family reunification, cf. art. 45.
17. Implementation of issue and renewal of refugee travel document and passport forforeign national, cf. art. 46.
18. Stay exceeding three months if arising from an international agreement, cf. art. 49.
19. Exemptions from requirement for residence permit, cf. art. 49.
20. Exemption from requirement to apply for a residence permit before arrival in Iceland,cf. art. 51.
21. Further provisions on the fundamental conditions of a residence permit, cf. art. 55.
22. Means of support of an applicant for a residence permit, cf. art. 56.
23. Conditions for renewal of residence permit, cf. art. 57.
24. Conditions for residence permit for volunteers and missionaries,
cf. art. 67.
25. Norms for study and employment of applicants for residence permit on grounds ofmarriage or cohabiting partnership, cf. art. 70.
26. Further conditions for minor’s residence permits, including conditions for fosterchildren, cf. art. 71.
27. Right of residence of EEA and EFTA citizens, inter alia on expedited process, cf. art.
81.
28. Instructions on duration of stay, cf. art. 83.
29. Definition of the concept of “unreasonable burden”, cf. art. 83.
30. Right of

EEA and EFTA citizens to remain longer than three months, cf. art. 84.

31. Right of EEA and EFTA citizens to permanent residence, cf. art. 87.
32. Right of family members who are not EEA or EFTA citizens to permanent residence,
cf. art. 88.
33. Registration certificate, cf. art. 89.
34. Residence card, cf. art. 90.
35. Certificate and card attesting to right to permanent residence, cf. art. 91.
36. Lapse of residence right, cf. art. 92.
37. Re-entry ban, and its duration, cf. art. 101.

38. Assessment of circumstances at refusal of entry or expulsion, cf. art. 102.
39. Exemption from refusal of entry on arrival in Iceland with regard to a person who
holds a visa or residence permit issued by a nation participating in the Schengencooperation, cf. art. 106.
40. Databases for fingerprints, cf. art. 111.
41. Obligation of foreign national to report or to remain in a specified place, cf. art. 114.
42. Further provisions regarding state security, cf. art. 118.
43. Other mandated reporters, cf. art. 119.
1)

Regs.no. 540/2017, Regs. No. 866/2017

Art. 121
Entry into force
This Act enters into force on 1 January 2017. At that time the Foreign Nationals Act no.
96/2002, with subsequent amendments, is rescinded. Notwithstanding the first clause,
arts. 114 and 115 take effect immediately.
Cases submitted to the Immigration and Asylum Appeals Board before this Act takes
effect, but on which a ruling has not been made, are subject to the provisions of this Act.
Art. 122
Amendments to the Foreign Nationals’ Right to Work Act
Art. 123
Amendment to the Child Protection Act
Art. 124
Amendment to the Health Insurance Act

Art. 125
Amendment to the Icelandic Citizenship Act[Temporary provisions

I.
Notwithstanding art. 36(2) clause 2, a period of 9 months shall apply instead of 12 in thecase of a minor whose application for international protection was received by Icelandic
authorities before this Act took effect, if the applicant has not already left the country.
An applicant who acquires a right under this provision can within fourteen days from thisAct taking effect request the reopening of the ruling of the Immigration and Asylum
Appeals Board that an application not be processed. Should the applicant not request
reopening within that time, the ruling shall stand. The applicant shall not be required toleave the country within that period, nor during the procedure of a reopened case.]1)1)

Act no. 81/2017, art. 1.

[II.
Notwithstanding art. 74(2) clause 1, a period of 15 months instead of 18 months shallapply in the case of a minor whose application for international protection was received
by Icelandic authorities before this Act took effect, if the applicant has not already left thecountry.

An applicant who acquires a right under this provision can within fourteen days from thisAct taking effect request the reopening of the ruling of the Immigration and Asylum
Appeals Board that an application not be processed. Should the applicant not request
reopening within that time, the ruling shall stand. The applicant shall not be required toleave the country within that period, nor during the procedure of a reopened case.] 1)
1)

Act no. 81/2017, art. 1.