The expression "if compelling reasons of fairness so recommend" can be found in several places in the Foreign Nationals Act in connection with exemptions from the general provisions of the Act. The wording refers to exemption clauses that are to be interpreted strictly and are based on an assessment of each applicant's individual circumstances.

If compelling reasons of fairness so recommend, it may be permissible, among other things:

• To allow an applicant for a residence permit, who is subject to a visa requirement, to enter the country before the permit has been granted.

• To allow an applicant, who is exempt from the visa requirement, to stay in Iceland for more than 90 days within the Schengen area while their residence permit application is being processed.

• To allow a foreign national to remain in the country while a late application for renewal is being processed, without creating an interruption in continuous residence.

• To grant the holder of a residence permit, based on marriage or cohabitation, a new permit on the basis of special ties to the country.

In assessing whether compelling reasons of fairness exist in a given case, the following may be taken into consideration:

• The applicant has resided in Iceland for a long period under lawful stay.

• The applicant has strong family ties in Iceland. Family refers to a spouse, cohabiting partner, children under the age of 18 who are in the applicant’s custody and dependent on them, and parents over the age of 67. The family must also reside lawfully in Iceland.

• Caregiving considerations, i.e. the applicant is dependent on a family member in Iceland, or the applicant's family member in Iceland is dependent on the applicant.

• Serious illness or accident occurring in Iceland. The applicant must submit adequate documentation, such as a medical certificate from a specialist in the relevant field.

• Significant interests are at stake, for example unforeseen circumstances such as natural disasters, armed conflict, or poor conditions in the applicant’s country of origin.

Compelling reasons of fairness are not:

• Lack of time.

• That the applicant holds a provisional residence permit in Iceland.

• Economic reasons, such as the cost of plane tickets or housing.

• An employer’s interest in keeping the applicant employed.

• That the school the applicant intends to attend has already started or that studies will be interrupted.

• Forgetting to apply for a residence permit or difficulties in obtaining travel documents.

• Being in good faith that another party, e.g. a representative, intended to submit the application on their behalf.

Note that this list is not exhaustive.