Residence permit based on special ties to Iceland

The requirements regarding this residence permit are mostly subject to evaluation, which means that the Directorate of Immigration must consider in every instance whether an applicant is deemed as having special ties to Iceland. The Act and Regulation on Foreigners contain guidelines which the Directorate of Immigration follows when considering an applicant’s ties.

Applicant has stayed in Iceland

A residence permit on grounds of special ties to Iceland is first and foremost intended for an applicant who has resided in Iceland and established ties in the country while having a residence permit. The requirement is that the residence permit has either not been renewed or revoked because of changed circumstances or for other reasons. It is not a requirement that the applicant has stayed in Iceland during the last years before submitting an application, if the applicant has lived in Iceland some time.

Residence permits that cannot be the basis of this permit

Special ties to Iceland do not include ties formed by a foreigner during a stay in Iceland on grounds of residence permits:

• for students,

• volunteers,

• missionaries,

• au-pairs,

• victims of human trafficking,

• on grounds of Working Holiday or Youth Mobility,

• temporary residence permits, or

• long-term visas.

Length of legal stay

The length of legal stay is important when evaluating special ties. Generally, the applicant must have been in Iceland in a legal stay for at least two years before consideration is given to length of stay unless other ties (for example, family ties, or social and cultural ties) are very strong.

If an applicant is not staying in Iceland when an application is submitted, consideration is made to when the applicant stayed in Iceland and for how long. If the applicant has stayed abroad for more than 18 months continuously from the issue of the latest residence permit, a residence permit on grounds of special ties will generally not be granted on grounds of the previous stay unless other ties of the applicant are very strong.

Applicant’s ties to Iceland and the home country

An applicant’s ties to Iceland shall be evaluated in context to his/her ties to other countries, either the home country or another state where the applicant has stayed. An applicant may have lost his/her ties to the home country or another state of stay even though the stay in Iceland was short. The applicant may also have maintained stronger ties to other states than Iceland despite his/her stay in Iceland.

Family ties

Family ties weigh most heavily in the evaluation, together with ties on grounds of previous stay in Iceland. An overall evaluation is made of the family ties and family pattern; the size, history, and circumstances are examined. Consideration is made to whether the applicant has a family in Iceland and in the home country, and how close the family ties are. Ties to parents and children are considered stronger than ties to siblings or distant relatives.

A residence permit on grounds of special ties is not intended to come in place of a residence permit on grounds of family reunification. This means that if an applicant has the right to a residence permit on grounds of family reunification, such a permit must be applied for. If an applicant does not fulfill some of the requirements of such a residence permit, this alone does not result in the relevant person receiving a residence permit on grounds of special ties to Iceland.

Caretaking views

Views regarding caretaking shall be taken into account when evaluating special ties on grounds of family ties. Consideration shall be given to whether the applicant is dependent on his/her family in Iceland, for example, regarding daily needs, or because a relative of the applicant in Iceland is dependent on him/her. Financial support alone, however, is not sufficient grounds for being granted a permit on grounds of special ties; instead social and cultural views must furthermore support the application. This includes consideration, among other things, about whether the applicant has adjusted to the community in Iceland and is working or attending school.

Criminal record in Iceland

If an applicant has been sentenced for criminal activity in Iceland, this is deemed as reducing his/her ties to the country. Consideration is given to whether the applicant has repeatedly committed offenses or whether he/she has unfinished cases in the penal system. In such instance, a residence permit on grounds of special ties is usually not granted.

Applicant has not stayed in Iceland

In exceptional instances granting a residence permit on grounds of special ties is permissible even though the applicant has never resided in Iceland. Such instances are very rare and the applicant’s circumstances must be very special and the ties to Iceland must be very strong in order for a residence permit being granted.

The Directorate of Immigration considers the same views as if the applicant has stayed in Iceland.

The Regulation on Foreigners contains the following requirements:

• The applicant has a grown-up child or a parent residing in Iceland and is an Icelandic citizen or has a permanent residence permit or a residence permit that may constitute the grounds of a permanent residence permit,

• the applicant can prove that he/she has been provided for by this relative for at least one year, and

• the family and social ties of the applicant with the home country are such that not granting him/her a residence permit in Iceland would be obviously unfair.

Caretaking views other than being provided for must generally recommend the granting of a residence permit.

What is obviously unfair?

The Regulation on Foreigners states that the ties of an applicant with the home country have to be such that not granting a residence permit in Iceland would be obviously unfair. Individual evaluation needs to be made in every instance and it is not possible to determine beforehand what is obviously unfair. The circumstances discussed above are the views up for consideration under the evaluation.

The Directorate of Immigration must exercise objectivity and equality in its evaluation. It cannot be taken for granted that what the applicant considers as being obviously unfair and special ties to the country are in accordance with the views which the Directorate of Immigration must take into account when evaluating ties.