Residence permit and protection application for a refugee's spouse
Rights and obligations
A residence permit based on international protection as a refugee's spouse is granted for three years at most, but never longer than the permit of the person on whom the right is based.
Individuals granted international protection as a refugee's spouse receive the same rights and obligations as the refugee they are reunited with in Iceland. The spouse is defined as a refugee, according to Icelandic law and international agreements, and can therefore not travel back home without the risk of the international protection and residence permit in Iceland being revoked.
International protection is granted on the presumption that it is unsafe for a refugee to return home. Going back would imply that the situation in the country of origin has improved and that the refugee is no longer in need of international protection.
You can apply for a permanent residence permit after you have held a residence permit on grounds of international protection for four years.
You have to meet various requirements to get a permanent permit, including Icelandic language knowledge.
Another requirement is that you have not resided abroad for more than 90 days in total each year during the period of validity of the residence permit, counting from the date of issuance of the permit.
Rights in case of divorce, death of spouse or domestic violence
If a marriage or cohabitation ends, a residence permit on grounds of special ties to Iceland may be granted provided the applicant is able to show that social or cultural circumstances will make it difficult to return to his/her home country. The applicant must continue to meet the requirement of having secure means of support, as well as other conditions of law and strong reasons of fairness must warrant it. The applicant must previously have held a residence permit on grounds of marriage or cohabitation.
An applicant for such a permit must be able to show that it would be difficult for him/her to live in the country of origin after divorce or termination of cohabitation because of social or cultural circumstances. In such instances the applicant's ties to Iceland are assessed and consideration is given to whether it would be very difficult for the foreign national to return to his/her home country, or whether it would cause him/her major problems to return there due to the changed social position. For example, women can be banished from certain communities if they are divorced.
Deciding on a renewal of a residence permit on these grounds is an exception and the Directorate of Immigration must assess the information that exist in every single case.
If marriage ends due to the death of a spouse a residence permit on grounds of special ties to Iceland may be granted provided that he/she continues to meet the requirement of having secure means of support, as well as other conditions of law and strong reasons of fairness warrant it. The applicant must previously have held a residence permit on grounds of marriage or cohabitation.
Reasons that may prevent an applicant receiving such a permit due to the death of his/her spouse include, for example, if the marriage or cohabitation has been short.
If marriage or cohabitation ends because the holder of a permit for a spouse or his/her child has been subject to violence or abuse during the relationship, a residence permit on grounds of special ties to Iceland may be granted. The applicant must continue to meet the requirement of having secure means of support, as well as other conditions of law and strong reasons of fairness must warrant it. The applicant 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. When considering whether a person should be granted a residence permit on these grounds, the focus will be on his/her ties to Iceland. 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 cohabitaton in order to maintain his/her residence permit, if the person in question or his/her children are subject to abuse or violence by the spouse.
The Directorate of Immigration points out that strict requirements of proof are not placed on the applicant, however, the applicant must demonstate the abuse or violence to the extent possible. 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. In order for the Directorate of Immigration being able to consider a renewal of a residence permit on these grounds, the Directorate must be provided with as detailed documents as possible. Medical records, psychological records, police records or a statement from the Women’s Shelter or other institutions where an applicant has stayed could support his/her statements about what happened.
Residence permit and protection application for a refugee's spouse
