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Directorate of Immigration: Residence permits - Types

I left my spouse because of violence, do I lose my residence permit?

If marriage or cohabitation ends because the holder of a permit for a spouse, or their child, has been subject to violence or abuse during the relationship, a residence permit on grounds of special ties to Iceland may be granted. 

A decision on renewal of a residence permit on these grounds is an exception and the Directorate of Immigration must assess the circumstances in every single case. For this the Directorate must be provided with as detailed documents as possible. 

The Directorate of Immigration points out that strict requirements of proof are not placed on the applicant, however, the applicant must demonstrate the abuse or violence to the extent possible.

General criteria

  • You must previously have held a residence permit on grounds of marriage or cohabitation.

  • The violence or abuse must have been reported to the police or the child protection authority, or other documentation must be presented as proof of the situation.

  • Note that medical records, psychological records, police records or a statement from the Women’s Shelter or other institutions where you have stayed could support your statements about what happened.

  • You must continue to meet the requirement of having secure means of support, as well as other conditions of law and compelling reasons of fairness must recommend it.

    • However, the requirement of having secure means of support may be deviated from if the means have been unsecure for a short period of time. The duration of the marriage or cohabiting partnership is also relevant.

The reasoning behind this provision is to avoid circumstances where the applicant feels forced to remain in a marriage or cohabitation in order to maintain their residence permit, when the person in question or their children are subject to abuse or violence by the spouse.

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Directorate of Immigration

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