Amendments to the Foreign Nationals Act

Amendments to the Foreign Nationals Act, approved by parliament on 14 June, have now entered into force. The amendments concern access to the asylum procedure and the legal effects of international protection. The website of the Directorate of Immigration is being updated in accordance with the amendments, the main points of which are listed below.

Duration of residence permits

• Residence permits on the basis of international protection for refugees, for stateless persons and for quota refugees will be valid for three years instead of four.

• Residence permits based on subsidiary protection are valid for two years instead of four.

• Residence permits based on international protection through family reunification with a refugee may be valid for three years instead of four. However, they may never be longer than the permit of the person the right is based on.

• Residence permits on humanitarian grounds may be renewed for one year at a time instead of two years before.

The amendment applies to residence permits granted on this basis after the law takes effect on 4 July 2024.

Family reunification with beneficiary of subsidiary protection

Family members of those granted subsidiary protection may not submit an application for family reunification until the residence permit based on subsidiary protection has been renewed. The following exceptions apply:

• If compelling reasons of fairness so recommend, because of urgent care considerations.

• If the person on which the right is based has held a residence permit for one year, has been actively participating in the labour market for eight months, meets the requirements of secure means of support, meets the requirements of Icelandic knowledge and has available housing for the family members who intend to come here.

The amendment applies to the processing of applications for family reunification submitted after the law takes effect on 4 July 2024.

Family reunification with humanitarian permit holders

Family members of persons granted a residence permit for humanitarian reasons may not submit an application for family reunification until the residence permit for humanitarian reasons has been renewed twice. The following exemption applies:

• If compelling reasons of fairness so recommend, because of urgent care considerations.

The amendment applies to the processing of applications for family reunification submitted after the law takes effect on 4 July 2024.

Access to asylum procedure

By repealing Article 36 paragraph 2, special reasons and special connections need no longer be considered when processing applications for protection:

• for which Iceland is not responsible under the rules of the Dublin regulation,

• from persons who have already been granted protection in another country; or

• from individuals who can obtain the right to stay in a safe state.

Also repealed was the provision that an application should be subject to a substantive procedure, if the applicant has not received a final decision on his case at the administrative level within 12 months of the application being submitted.

The amendment applies to the processing of applications for protection submitted after the law takes effect on 4 July 2024.

Other changes

• Adopted children have been added to the list of those entitled to receive protection through family reunification.

• Provisional residence permits can not be granted, if the Directorate of Immigration has rejected an application for international protection.

• The Immigration and Asylum Appeals Board members shall not work part-time anymore. In stead there will be three full-time members. The chairman and vice-chairman are also allowed to rule alone in more cases.