Refusal of residence permit

If an applicant does not meet the requirements for a residence permit, the application will be processed by the Directorate of Immigration’s lawyers who make a written decision on refusal. The applicant is informed of the decision in a notice sent by registered mail.

The refusal of an application for a residence permit may result in an applicant who is in Iceland having to leave the country as his/her stay in this country is illegal. The applicant is always given a deadline for leaving Iceland voluntarily. In most cases, such a deadline is 30 days. If the applicant does not leave Iceland within the deadline he/she may be subject to expulsion and a refusal of re-entry. 

If an applicant is not in Iceland when his/her application for a residence permit is refused, the applicant has not obtained a residence permit and is therefore not authorized to come to Iceland on such grounds.

If an applicant authorized to work during the processing of his/her application is refused, the authorization to work becomes invalid. 

Main reasons for refusal

Applicant is not authorized to be in Iceland

If an applicant is not authorized to be in Iceland when submitting an application, the Directorate of Immigration shall refuse the application. In such an instance no evaluation is made as to whether other requirements for a residence permit are met.

Requirements not met

The requirements for a residence permit are divided into basic requirements, which all applicants must meet, and special requirements that are differen for each type of permit.

Basic requirements

If an applicant does not meet the basic requirements, for example the requirement of secure means of support, the application is refused unless an authorization for an exemption is provided for by the Foreign Nationals Act. Exemptions are evaluated in every case.

Special requirements

If an applicant does not meet the special requirements, for example an applicant for a student permit who is not enrolled in full study at university level or an applicant for a permit for a spouse who does not submit a marriage certificate, the Directorate of Immigration can, and must in some instances, refuse an application.

Some special requirements are subject to evaluation by the Directorate of Immigration. An example of an evaluated requirement is when an applicant for a residence permit on grounds of au pair placement is suspected of not intending to leave the country when the residence permit expires. The Foreign Nationals Act allows consideration being made to the general experience of applicants in the same or similar situation.

Right to appeal

An applicant has a 15 day deadline from the date a decision is made known to him/her to appeal the refusal by the Directorate of Immigration to the Immigration and Asylum Appeals Board. The deadline for appealing does not start until the applicant receives the decision in his/her case. The day the applicant receives the decision is considered as being the date of disclosure of a decision.

If a decision by the Directorate of Immigration is not appealed to the Immigration and Asylum Appeals Board or if an appeal is received after the expiry of the deadline to appeal, it is deemed that the applicant accepts the refusal by the Directorate of Immigration in which case the applicant should abide by the legal effect of the decision.

When a decision by the Directorate of Immigration has been appealed to the Immigration and Asylum Appeals Board, the case has been concluded by the Directorate of Immigration and is fully in the hands of the Immigration and Asylum Appeals Board.

Suspension of implementation

A decision by the Directorate of Immigration that has been made known to the applicant has certain legal effect. This means that the applicant must abide by the instructions stated in the formal notice of decision.

In some instances the legal effect of the decision by the Directorate of Immigration may be suspended if the decision is appealed to the Immigration and Asylum Appeals Board. The suspensive effect entails that the conclusion of a decision will not be implemented until the case has undergone an appeals process by the Immigration and Asylum Appeals Board.

Appealing a decision made by the Directorate of Immigration does not suspend its legal effect except in circumstances where an appeal directly suspends effect. That applies to refusals of permanent residence permits and refusal of renewal of a residence permit that was submitted before the deadline.

In any other instance the suspension of implementation of a refused decision is in accordance with Article 29 of the Administrative Procedures Act. The applicant may appeal the decision to the Immigration and Asylum Appeals Board.

In the cases where an appeal automatically suspends implementation, the applicant will not be required to leave the country while his case is being processed and he/she has the same legal status as if the application had not been refused.

If an appeal does not suspend implementation, an applicant who has been refused a residence permit must leave the country within the timeframe given, or when a permission to stay on grounds of a non-visa requirement expires. If the applicant does not abide by the aforementioned requirement his/her stay in Iceland will be illegal, which can result in expulsion and refusal of re-entry.