Apply for a work permit

Conditions

• That the Directorate of Labour has been assisted in finding workforce in Iceland, within the European Economic Area (EEA), EFTA or the Faroe Islands.

• Employers argue specifically that it is necessary to hire staff from non-EEA countries, EFTA countries or the Faroe Islands. For example, it is necessary to argue how important it is for the employers operations.

• A person who is to be employed has an employment contract with the employer.

• The comments of the relevant trade union have been obtained.

Temporary leave of absence due to shortage of staff is granted only in exceptional cases and in order to meet temporary fluctuations in the Icelandic labour market.

Employers must look for an employee who already has access to the Icelandic labour market before applying for such a permit as well as when applying for an extension.

Duration

Temporary work permits for shortage of staff granted for the first time for a specific job may be granted for up to one year at a time.

If it is accepted that there is a shortage of staff due to seasonal fluctuations on the domestic labour market or due to seasonal projects such as the season of slaughter, such authorisations are granted according to that period.

Work permits due to shortage of staff can be renewed for up to two years.

Required data

1. Original application

Application for a temporary work permit due to a shortage of staff

Both the person to be hired and the employer must sign the application.

A union statement

A union's opinion must be obtained on the application before it is submitted (field IV on the application), unless the union is Efling. In such cases, the institution obtains that opinion.

2. Employment contract

The employment contract is made between the individual and the employer. It must include:

• Information about the planned job of the individual with the employer and his/her title.

• The establishment.

• Information on the pension funds to be paid for the work of the person concerned.

• The individual's wages must be in accordance with the applicable collective agreements. All wage figures must be stated in the contract, including overtime pay and shift fees, or refer to the relevant wage category according to the collective agreement.

3. Information on the operator's experiments

to hire a worker who already has access to the Icelandic labour market before the search outside the European Economic Area for staff.

If the employer has not advertised the job through the EURES employment services of the Directorate of Labour when the application is received by the Directorate, the Directorate may delay the processing of the application to give the employer the opportunity to advertise the job.

4. Justification for the need for hiring

of this particular person to work for the employer and the reasons why it is important for the operations of the employer.

This does not apply to reasons relating to the foreigner himself or his situation, but only to reasons relating to the employer and the situation on the domestic labour market.

Instructions and checklists

you can access a checklist of the data and information that must be submitted when applying for a work permit due to a shortage of staff. Applicants must consult the checklist before submitting an application to the Directorate of Immigration.

Signs

Both the individual who is to be hired and the representative of the sports club must sign the application and the employment contract.

Responsibilities of applicants

It is the applicants responsibility to submit the necessary documents with an application for a temporary work permit. If necessary documents are missing, the application may be delayed or rejected. The Directorate of Labour requests additional documents if they are considered necessary.

Submit an application

The application is submitted to:

Directorate of Immigration

Dalvegur 18

201 Kópavogur

Outside the capital area

The application is submitted to the relevant office of the District Commissioner.

Regulated professions

Industry

In cases where a job that is applied for a temporary work permit is considered a regulated profession, a confirmation of the relevant foreigner's license must be obtained to perform the job. According to regulation No. 940/1999 on regulated industries, see Industrial Law No. 42/1978, only those who have a license to do so may work in such jobs in Iceland, see Article 2 of the Industrial Law.

If such confirmation is available, it must be received by the Directorate of Labour. Further information on obtaining recognition of qualifications and issuing a license to practice can be obtained from the Directorate of Labour.

When a formal assessment of the qualifications for industrial qualifications is available, a copy of the authorization issued by the District Commissioner of East Iceland and an assessment letter issued by ENIC/NARIC must be submitted to the Directorate of Labour.

Health professions

In cases where a job that is applied for a temporary work permit is considered to be a licensed health profession, a confirmation of the relevant foreigner's license must be obtained to perform the job. According to the law on healthcare workers no. 34/2012, only those who have been granted a medical license to do such work in Iceland may do so, see Article 2(1) of the law.

If such confirmation is available, it must be received by the Directorate of Labour. Further information on obtaining recognition of qualifications and issuing permits can be obtained from the Directorate of Labour.

Other regulated professions

Not all professions are legal in Iceland and where to obtain licenses for them, but a summary can be found on the website.

Job advertisement at the Directorate of Labour

When processing an application for a temporary work permit due to a shortage of staff, the Directorate may consider it necessary to advertise a job at the Directorate of Labour and through the Directorate's Eures employment service.

In such cases, applicants are sent a message providing a deadline for registering an advertisement and instructions on how to do so on My employers pages. It is preferable that an advertisement that is posted in connection with an application for a work permit is actively advertised for at least three weeks.

The requirements for employment may not be tailored to the individual for whom an application for a work permit is made, but rather take the form of what requirements may generally be made of individuals who perform similar work.

The job advertisement in connection with the application for a work permit is part of the Directorate's comprehensive assessment of the availability of staff on the national labour market and within the European Economic Area. It is therefore important that the employer handles the advertisement and its administration with integrity.

When can an employee begin working

An employee may not start working until a work permit is granted. All work permits are limited to a specific employer and do not transfer with a foreigner to a new employer. A foreigner who works for more than one employer must therefore apply for a work permit from each employer.

Revalidation of the work permit

With an application for an extension of a permit, all the same conditions must be fulfilled as when the permit was granted for the first time. An organization may therefore, among other things, have to advertise the work in question again unless the Directorate of Labour grants an exemption from that. Reference is made to the conditions specified above.

Furthermore, the employer must have paid the tax as well as the insurance premium for the foreigner's work.

A foreigner is generally allowed to work while an application for an extension of a permit from the same employer is being processed. However, it is a condition that an application for an extension be submitted to the Directorate of Immigration four weeks before the expiry of the previous permit.

New employer

If an individual who has been issued a temporary work permit because of a shortage of staff wants to change his/her job, he/she must apply for a work permit from the new employer.

A foreigner is not permitted to start work for the new employer until the work permit has been granted. Otherwise, the application processes like when applying for a work permit due to a shortage of staff for the first time. The employer must therefore, among other things, advertise the work in question unless the Directorate of Labour grants an exemption from that. Reference is made to the conditions specified above.

Employee retires

A foreigner with a work permit because of a shortage of staff who loses their job can apply for a 6 month residence permit to the Directorate of Immigration in order to seek a different job.

If an employee leaves before the work permit expires, applicants are obliged to inform the Directorate of Labour. It is sufficient to notify the termination of employment by e-mail to the e-mail address.

General rules of the relevant collective agreement apply to the termination of an employee, as employees who work on the basis of a work permit shall enjoy the same rights as domestic employees.

Laws and regulations

Article 9 of Act No. 97 of 2002 on the employment rights of foreigners.