Expulsion and re-entry ban to Iceland

The Directorate of Immigration may decide to initiate expulsion proceedings on its own initiative because of information on criminal records or other information on a foreign national's stay in Iceland. The Directorate of Immigration may also decide to initiate such cases at the request of the police.

Notification of possible expulsion

When the Directorate of Immigration decides to initiate an expulsion case, a letter is formally issued to the foreign national concerning possible expulsion and a re-entry ban. The letter explains the grounds on which the potential expulsion is being considered and gives the party concerned the opportunity to file an objection to the contents of the letter within a certain time limit.

If the person concerned decides not to submit a statement or other objections in the case or does not do so within the period notified, the Directorate shall decide on expulsion and re-entry ban on the basis of available data and information on the residence of the foreign national in Iceland. If a statement of case is submitted, however, it is considered for a decision on expulsion and its substance is assessed with regard to the considerations that may limit the right to expulsion. The circumstances are assessed separately in each case.

Cancelled expulsion

Should the Directorate of Immigration decide to cancel a possible expulsion and a re-entry ban, the person in question shall be notified that the expulsion case has been cancelled, subject to the resumption of such proceedings if warranted.

Decision on expulsion

If the Directorate of Immigration makes a decision to expel a foreign national and determine a re-entry ban, the decision is formally notified. If the person in question is serving a sentence, the watch officer shall handle the notification of the decision, or the police shall handle it. Upon the notification, the person concerned shall state whether he or she accepts the decision or appeals to the Immigration and Asylum Appeals Board. The person concerned shall also be given 15 days to decide whether he or she wishes to appeal the decision.

Right to appeal and suspension of legal effect

Under the Foreign Nationals Act, appeals against decisions by the Directorate of Immigration against expulsion and re-entry bans may be lodged with the Immigration and Asylum Appeals Board within 15 days of the date of notifiaction of the decision for the individual concerned.

Depending on the circumstances, an appeal may or may not suspend legal effect, but suspension of legal effect means that a decision shall not take effect until a decision in the case has become final.

Decisions on expulsion are final in the following cases

• The person in question accepts the decisions.

• The person in question appeals against the decision and the appeal does not suspend the legal effect

• The person in question appeals against the decision and the appeal suspends the legal effect, but the Immigration and Asylum Appeals Board has confirmed the decision.

In the following cases, an appeal shall suspend legal effect and, as a result, an expulsion decision may not be implemented until a decision is final.

• If the person in question holds a residence permit or permanent residence permit in Iceland.

• If the person in question is an EEA/EFTA citizen who has registered his/her right to stay in Iceland.

• If the person in question is a Nordic citizen who has resided in Iceland for more than three months.

Nevertheless, if an appeal does not suspend legal effect, the person in question shall have the right to request suspension of the legal effect with the Immigration and Asylum Appeals Board before the deadline to appeal has passed. The Appeals Board shall rule on whether or not the request is to be accepted.