Amendments to the procedure for processing applications for renewal of residence permits on grounds of subsidiary protection

On 4 July 2024, an amendment was made to the Foreign Nationals Act stating that a residence permit based on subsidiary protection may only be renewed if the legal conditions for subsidiary protection are still fulfilled. This means that the Directorate of Immigration is now obliged to assess whether the conditions for subsidiary protection are still fulfilled when processing an application for renewal.

If the requirements for subsidiary protection are still fulfilled, the residence permit is renewed. If the Directorate of Immigration considers that the requirements for subsidiary protection are no longer fulfilled, however, the applicant is invited to an interview with the Directorate of Immigration, where he/she receives information on the possibilities of applying for a residence permit on other grounds, such as employment or special ties.

Applications for residence permits received following such interviews will be processed as soon as they are received. If applicants meet the requirements of the permit applied for, they will be authorized to remain in Iceland.

If applicants do not apply for a residence permit on a new ground, or do not meet the conditions of the permit applied for, they are invited to an interview regarding the possible revocation of subsidiary protection, where they will have the opportunity to express their point of view. A decision to refuse renewal and to revoke subsidiary protection is a founded administrative decision that can be appealed to the Immigration Appeals Board. The final decision to revoke protection generally results in expulsion.

It should be noted that the Directorate of Immigration decided to invite individuals in this position to an interview at the beginning of the case in order to be able to provide them with clear information on their possibilities for continued stay, with the assistance of an interpreter, and thus reduce their uncertainty about the next steps. It is up to individuals whether they accept an invitation to attend an interview or not.

By inviting individuals in this situation to apply for a residence permit on a new basis before a formal refusal of renewal and revocation of subsidiary protection has been published, the Directorate ensures that the legal stay of those granted permission to continue to reside in Iceland will not be interrupted. A change on the basis of a residence permit does not affect the right of an individual to a permanent residence permit if other conditions are met.