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Directorate of Immigration: Residence permit - General conditions

What are compelling reasons of fairness?

The expression "if compelling reasons of fairness so recommend" can be found in a couple of places in the Foreign Nationals Act in connection with exemptions from the general rules of the Act. The wording refers to the existence of exemptions, which are to be interpreted strictly and based on an assessment of the personal circumstances of each case.

If there are compelling reasons for fairness to do so, the following may, inter alia, be permissible:

  • Allowing visa obliged applicants for a residence permit to enter the country before a permit has been granted.

  • Allowing a foreign national to stay in Iceland while a renewal application that was submitted to late is being processed.

  • Granting a holder of a residence permit, on the basis of marriage or cohabitation, a new residence permit on the basis of special ties with the country.

For there to be compelling reasons of fairness in a particular case, two of the following must apply:

  • The applicant has resided in Iceland for a long time.

  • The applicant has extensive family connections in Iceland.

  • Care considerations are present, 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.

The following are not compelling reasons for fairness:

  • Lack of time.

  • Economic reasons, e.g. cost of airline tickets or accommodation.

  • That the school at which the applicant intends to study has started.

  • Forgetting to apply for a residence permit.

Note that this list is not exhaustive.

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