Residence permit for spouse

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Rights and obligations

A residence permit for a spouse is generally granted for one year at a time, but for a maximum of two years.
- If the permit is granted on the basis of marriage or cohabitation with the holder of a temporary residence permit, its duration cannot be longer than the residence permit of that person.
If the holder of the permit stays abroad for more than three consecutive months, the residence permit can be revoked. A foreign national’s residence permit is automatically revoked if his/her domicile, which was registered in Iceland, has been registered abroad for a period of three months.

Right to renewal

The permit may be renewed for a maximum of two years, if the requirements are still met, however its duration cannot be longer than of the person from whom the applicant derives his/her right.
Even though the residence permit has been revoked, it is possible to apply for a renewal, if this is done within the validity period of the previous residence permit and the reasons for doing so recommend it.

Right to family reunification

The residence permit confers an independent right to family reunification for
- applicant’s children under the age of 18, if the applicant has custody of them
- applicant’s parents 67 years or older.

Right to work during application process

The marital spouses of Icelandic citizens may begin working as soon as an application for a residence permit has been submitted and paid for. Cohabiting spouses of Icelandic citizens and spouses of foreign nationals may not begin working until a residence permit has been granted.
After finding a job, marital spouses of Icelandic citizens can apply for a system ID number at the Iceland Revenue and Customs to be able to set up a bank account for their wages.
- The application must be signed by the applicant and employer.
- The applicant must bring the application along with a passport/travel document to the Iceland Revenue and Customs.

Right to work after granting of permit

Spouses of Icelandic citizens and spouses of residence permit holders for work requiring expert knowledge may work without a work permit in Iceland.
Spouses of foreign nationals, other than those holding residence permits for work requiring expert knowledge, must apply for a work permit to be allowed to work in Iceland.
- They may not begin working until residence and work permits have been granted.
- They may not work for an employer other than the one to whom the work permit was granted.

Right to permanent residence permit

The residence permit may be the basis for a permanent residence permit.
- Please note that one of the conditions of a permanent residence permit 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 issue 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 for spouse

Service provider

Directorate of Immigration